Temporary Layoffs only allowed when: (3)
When is dismissal vs layoff?
- Employment Contract specifies (however, if more than 3 months in 5 month is layoff)
- Employee agrees
- standard practice (logging/farming)
Layoff
- goes beyond the recall date in collective agreement
- lasts up to 13 weeks in a 20 week period
Dismissal
- longer than 13 weeks in 20 week period
- dismissal date is date of start of layoff
- weeks in which EE earns less than 50% wage are “weeks of layoff”
will changing hands of business owners change notice periods?
Is a gap applicable if left from temp layoff or unpaid leave?
No,
unless there is a gap in employment - like resigned then 6 months later the EE gets a new position. Notice periods? BC does not have a golden rule so we look at all the factors. if gap is 6 months or longer, that EE’s previous employment will not be taken into consideration.
No- gap is only applicable when resigned or terminated
How to communicate notice and compensation for length of service?
In person then in writing (delivery must be able to be proven)
- sensitive
- cannot change conditions of work
common-law duty/responsibility reasonable notice or pay is ambiguous. Does ESA override it?
- No
How many employees make for a group/mass termination?
What are the steps?
What do you need to do if you need to terminate 50+ EEs?
50+
- contact union including
1. number of EEs
2. effective date
3. reasons
Give more notice time. Must start at 8 weeks
When terminating and not just cause, you must:
Just cause does not mean that the ER cannot pay EE = what?
a) give notice
b) compensation CLOS/renumeration
layoff - must give notice or in lieu of
Minimum notice per duration there (may be more if nearing retirement)
1) 3 years but less than 4 years: X weeks’ pay/notice
2) 4 years but less than 5 years: 4 weeks’ pay/notice
3) 5 years but less than 6 years of service: 5 weeks’ pay/notice
4) 6 years but less than 7 years of service: 6 weeks’ pay/notice
5) 7 years but less than 8 years of service: 7 weeks’ pay/notice
6) 8 or more years of service: 8 weeks’ pay/notice
if nearing retirement, is 8 weeks sufficient?
1) 3
2) 4
3) 5
4) 6
5) 7
6) 8
No.
How to calculate CLOS?
- based on regular pay, including benefits
- average weekly pay for last 8 weeks (normal/averaged hours of work)
- exclude weeks EE was off due to illness/reduced work hours
Working notice advantages & when not appropriate
- cost efficient & way to treats EE respectfully
- appropriate for terminations re economic conditions
- provide opportunities to seek new work
not appropriate if performance issues & will be less productive
Reasonable notice is determined via _____
what factors come into play (5)?
-length of time for EE to fine new job?
What happens if mat/med leave
case by case basis
- age**
- length of service**
- availability of similar employment**
- position
- level of compensation given experience, training & qualifications
- NOT determined by actual length of time it took EE to find a new job
- leave time does not count towards notice period
Structuring a Separation package
&
Release
- must reflect minimum notice period or minimum time they would have earned
- benefits EE would have gotten
- ER must continue to pay the premiums the employee would have paid for the EE (pension fund/extended benefits)
EE will accept separation package: they understand they forfeit right to bring legal action against ER
if senior EE, must give more than 8 weeks b/c EE will claim it was insufficient
Mass Termination definition & if: 1) 50-100 EES 2) 101-300 3) 301+
Need to let go 50+ employees within 2 months
1) 8 weeks
2) 12 weeks
3) 16 weeks
May _____ bring back employees who have been given notice.
If recall occurs within __ weeks after termination, no additional notice is required, original date of termination unchanged
temporarily
23 weeks
Notice or Pay in L is not required (11)
1 Probationary employee (less than 3 months)
2 Term / task employee
3 Temporary layoff
4 Just cause dismissal (no such thing as near cause)
5 Refusal of reasonable alternative work (training/equitable compensation/subs change?)
6 Return after recall
7 Illegal Strikes / lockouts
8 Casual employees
9 Frustration of contract (flood or COVID, not foreseeable like econ or equip probs)
10 Seasonal work
11 Employee resigns
