Elimination of Positions and Employment Continuity
April 1, 1999
May 29, 2014
- Subject: Elimination of Positions and Employment Continuity
- General Policy Statement
The University accepts that it has a responsibility to a Continuing Employee who suffers loss of employment as a result of a Departmental reorganization or the elimination of his/her position. The University will do all that is reasonably possible to find another Administrative and Professional Staff Position for an Employee who has performed well in his/her position.
This Policy applies to both Full-time Employees and Part-time Employees who are employed in Continuing Positions.
4.01 A Continuing Employee whose position is eliminated will be given a minimum of one (1) month's written notice of termination of employment.
4.02 If a Continuing Employee whose position is eliminated is not successful in a position competition under the Procedures set out in Sections 5.01 to 5.03 of this Policy, that Continuing Employee's employment will be terminated at the end of the notice period specified in the written notice. The Continuing Employee will be offered relocation counseling and will, subject to Section 5.06 of the Policy, be given severance pay equivalent to one (1) month's salary for each full year of service to a maximum of eighteen (18) months’ salary.
5.01 A Continuing Employee whose position is eliminated will be notified, in writing, by his/her department and will be given the reason(s) why the position is being eliminated. Notice will be given as far in advance as possible; but in no circumstances will it be less than one (1) month.
5.02 A Continuing Employee whose position is eliminated will be informed of the job postings link on the Human Resources website and encouraged to apply for any posting which he/she believes he/she may be qualified. The Continuing Employee should review his/her employment file and résumé with the appropriate HR Advisor in Human Resources to ensure that all appropriate skills, qualifications, and abilities are noted.
5.03 The selection of such a Continuing Employee for another Administrative and Professional Staff Position will be subject to the normal competition process considering past performance, and current qualifications and skills. Once selected, the Continuing Employee will be eligible for up to three months of training in the period from the beginning of the notice period to the date of completion of the first year on the job to assist him/her in meeting the position requirements. Decisions on required training will be made by the department in which the vacancy exists and the cost of training will be funded centrally. An additional three (3) months’ training may be provided on the joint request of the Continuing Employee and the supervisor and with the approval of the President or the appropriate Vice-President.
5.04 A Continuing Employee who is the successful applicant to an Administrative and Professional Staff Position in a lower salary grade than he/she currently occupies will not be expected to take a reduction in salary. In such cases the Continuing Employee's salary will be frozen unless or until the position occupied has a Salary Range that is greater than the frozen salary currently received by the Continuing Employee.
5.05 Any movement of a Continuing Employee as a result of a selection process will take effect as soon as the departments involved can make mutually acceptable arrangements.
5.06 A Continuing Employee who refuses a position within one (1) salary grade of his/her current position will have his/her employment terminated at the end of the notice period without severance pay.
5.07 If by the end of the notice period, the Continuing Employee has not been selected to fill a vacancy or has refused a position more than one (1) salary grade below his/her former position then
- relocation counseling by an external consultant will be offered to the Continuing Employee (at no expense to him/her), and
- termination of employment will occur at the end of the notice period and the Continuing Employee will receive severance pay of one (1) month's salary for each full year of service to a maximum of eighteen (18) months’ salary.
5.08 The severance pay will normally be paid out to the person in bi-weekly installments; however, lump sum payments can be arranged if so requested.
5.09 For the twelve (12) month period immediately following the last day of employment, a Continuing Employee whose employment is terminated under Section 5.07 of this Policy
- will automatically be considered as an Internal Candidate for any Administrative and Professional Staff Position vacancies for which he/she applies,
- may elect to carry group Extended Health benefits and dental coverage provided all employer and employee portions of premiums are prepaid by that person.
5.10 If a person whose employment is terminated under Section 5.07 of this Policy is re-employed in a Continuing Position within the twelve (12) month period immediately following termination
- severance pay will cease (i.e. bi-weekly installments will end or lump sum payments will be prorated against the length of the absence and any balance will be due to the University), and
- the person's original vacation service date will be restored.
5.11 If a person whose employment is terminated under this Policy is re-employed in the Public Sector, they are required to comply with the Employment Termination Standards under the Public Sector Employers Act.
5.12 If an Administrative and Professional Staff Position has been eliminated and the same position is re-established within one year, the displaced incumbent will be offered the position prior to Posting.