Chapter 14

Question 1

Temporary Layoffs only allowed when: (3)

When is dismissal vs layoff?

Answer 1

1. Employment Contract specifies (however, if more than 3 months in 5 month is layoff)
2. Employee agrees
3. 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”

Question 2

will changing hands of business owners change notice periods?

Is a gap applicable if left from temp layoff or unpaid leave?

Answer 2

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

Question 3

How to communicate notice and compensation for length of service?

Answer 3

In person then in writing (delivery must be able to be proven)

• sensitive
• cannot change conditions of work

Question 4

common-law duty/responsibility reasonable notice or pay is ambiguous. Does ESA override it?

Answer 4

• No

Question 5

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?

Answer 5

50+

• contact union including
  1. number of EEs
  2. effective date
  3. reasons

Give more notice time. Must start at 8 weeks

Question 6

When terminating and not just cause, you must:

Just cause does not mean that the ER cannot pay EE = what?

Answer 6

a) give notice
b) compensation CLOS/renumeration

layoff - must give notice or in lieu of

Question 7

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?

Answer 7

1) 3
2) 4
3) 5
4) 6
5) 7
6) 8

No.

Question 8

How to calculate CLOS?

Answer 8

• 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

Question 9

Working notice advantages & when not appropriate

Answer 9

• 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

Question 10

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

Answer 10

case by case basis

1. age**
2. length of service**
3. availability of similar employment**
4. position
5. 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

Question 11

Structuring a Separation package

&

Release

Answer 11

• 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

Question 12

Mass Termination definition
&
if:
1) 50-100 EES
2) 101-300
3) 301+

Answer 12

Need to let go 50+ employees within 2 months

1) 8 weeks
2) 12 weeks
3) 16 weeks

Question 13

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

Answer 13

temporarily

23 weeks

Question 14

Notice or Pay in L is not required (11)

Answer 14

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