1. Scope
This policy does not apply to"
a) staff hired on or after June 1, 1993 whose salary is paid totally from research funds;
b) staff hired into a management position (M position or C, T or LA position excluded from the MUNACA bargaining unit) on or after November 1, 1998.
Staff hired under the terms of "a" above, whose salary is subsequently charged in whole or in part to a non-research account prior to November 1, 1998, shall from that date, become eligible for employment security. For the purposes of applying this policy, service shall begin to accrue as of the aforementioned date. In the case of a transfer or promotion where a trial period applies, as defined in the Staffing Policy, the eligibility to employment security will apply retroactively to the aforementioned date only upon successful completion of the trial period.
Where an employee is working less than full-time (i.e. sessional or part-time) accumulation of service will be calculated on a pro-rata basis. Unless an agreement concerning another policy specifies differently, periods of service during which an employee is on an unpaid leave of absence will not accrue towards employment security; however, such unpaid leave shall not be counted as a break in continuity of service.
Notwithstanding the above, staff employed at the University in a unionized position, who have acquired employment security, and are subsequently appointed to a management position, other than those hired into a management position in accordance with the Temporary Employment Policy, shall benefit from the provisions of section 2.2 and all other relevant sections of the present policy.
2. Policy
2.1 An employee with less than thirty-six (36) months of service may be laid off according to agreed procedures, and providing the employee cannot be relocated under the terms of the Staffing Policy, with severance pay of one month per year of service.
2.2 An employee with thirty-six (36) or more months of service cannot be terminated from the employ of the University or suffer a decrease in salary or salary range, except for just cause or for retirement benefits.
2.3 If a position is abolished, the employee with employment security will be relocated without loss of salary into a position with similar working conditions within the University either at a level equal to that of his/her previous position or, if it is not possible, at a lower level without reduction in personal classification provided that he/she meets the qualifications required in the new position. An employee may appeal the placement to the Employee Relations Committee.
2.4 If a suitable position is not available, and where it is felt necessary by the Employee Relations Committee, retraining must be made available. Upon recommendation of the Committee, the employee on retraining will receive full salary unless otherwise agreed to by the parties and any costs incurred relating to the retraining will be paid by the University.
2.5 If an employee refuses relocation to an equivalent position without just cause, his/her employment will be terminated without severance pay.
2.6 If an employee refuses retraining, without just cause, his/her employment will be terminated as of the proposed date of retraining and the employee given severance pay.
2.7 Severance pay is one month's salary for each year of service with a maximum of six (6) months' salary.
2.8 The Department of Human Resources must be notified three (3) months in advance of the abolition of any position, with a copy to the Employee Relations Committee members. Such notification must contain reasons for the abolition of that specific position and the reason why no other position is available for the incumbent within the Faculty or Department.
2.9 An employee with employment security, who in accordance with this policy is relocated into a unionized position at a lower level than his/her previous position, maintains his/her salary and salary scale.
2.10 Notwithstanding the Salary Administration Policy, an employee who subsequently voluntarily transfers to a non-unionized position, which is at a lower level than his/her personal classification but at a higher level than the position to which he/she was relocated in accordance with the placement transition process, continues to maintain his/her salary and salary scale.
2.11 In the case of a job being abolished where the employee is not covered by Employment Security, he/she must receive at least six (6) months' notice, with a copy to the Employee Relations Committee members. The University, to facilitate a laid-off employee's re-entry into the job market, will authorize leaves of absence with pay up to a maximum of ten (10) working days to allow him/her to look for work.
2.12 In the case of an employee with Employment Security, at least two (2) months' notice must be given to the employee, with a copy to the Employee Relations Committee.
2.13 In the case of a job being abolished while a non-employment secured employee is on an authorized leave from the University, the employee's six (6) paid months of notice and of priority under the Staffing Policy will start either upon the employee's return to work or following completion of the authorized leave, whichever is sooner.
Effective November 1, 1998
rev. April 2005
