Policy: Lay-Off & Resignation Policy for Support Staff Excluded from Bargaining Units

EFFECTIVE DATE

September 1, 1994 (replaces policy dated July 1, 1990)

AUTHORITY

VICE-PRESIDENT (FINANCE & ADMINISTRATION)

PURPOSE

The purpose of this policy is to establish the regulations pertaining to lay-off and resignation at The University of Winnipeg for support staff who are excluded from bargaining units. It also serves to establish the procedures involved in the application of the policy.

SCOPE

This policy and the procedures outlined herein apply to all support staff at the University who are excluded from bargaining units. For employees who are members of a bargaining unit, consult the corresponding article in the appropriate collective agreement.

RESPONSIBILITY

The Director of Human Resources is responsible for the communication, administration, and interpretation of this policy.

POLICY

The University shall, to the best of its ability, provide continuity of employment to employees within the constraints of organizational and financial circumstance. Circumstances such as reduced work loads or reduced funding may, however, necessitate the lay-off of continuing full-time or part-time employees.

Should a lay-off become necessary an employee affected by the lay-off shall be given as much notice of the lay-off as possible.

Excluded support staff may not exercise seniority rights for the purpose of displacing other employees in the event of a lay-off; however, the length of the notice of lay-off period shall recognize the employee's University service.

Procedures

Notice of Lay-off (Continuing Employees)

An employee employed in a continuing position shall receive a minimum of forty (40) working days written notice of lay-off plus an additional ten (10) working days written notice for each year of service or part thereof to a maximum of one hundred and twenty (120) additional working days of written notice.

Relocation

During this notice period the Human Resources Department shall make every effort to place the employee in a vacant position for which he/she is qualified. Should a position become available for which the employee would require some retraining, up to three (3) months of funding for training purposes may be provided.

During the notice of lay-off period employees continue to have an obligation to complete work assignments; however, the department should provide the employee with reasonable time off to attend job interviews and to obtain advice and assistance with a job search.

An employee who refuses to accept a placement in a vacant position will be laid off at the end of his/her notice period.

Employees who have not been offered suitable alternate employment at the University may apply to the Human Resources Department for relocation counselling by an external consultant arranged by and at the expense of the University. All such applications shall require the approval of the Vice-President (Finance and Administration) and are subject to reasonable limits established by the University.

Notice of Lay-off (Casual or Temporary Employees)

A casual employee who has not received, at the time of hire, notice of when the position ends shall receive a minimum of twenty-four (24) hours notice of lay-off.

A temporary employee who has not received, at the time of hire, notice of when the position ends shall receive a minimum of five (5) working days notice of lay-off.

Lay-off Options

Employees who are laid off shall have recourse to the following options:

(a) applying for any vacancies. Assistance with applications shall be provided by the Human Resources Department;
(b) applying for any casual employment;
(c) accepting a lay-off for up to twelve (12) months. An employee who has been laid off for a period of twelve (12) consecutive months and has been unable to obtain employment at the University shall have his/her employment terminated; or
(d) terminating employment by resignation.

Temporary Lay-offs

Where a temporary lay-off of an employee employed in a continuing position is necessary, the employee shall normally receive twenty (20) working days written notice of temporary lay-off. Where the above notice is not given, the employee shall be paid in lieu of notice an amount equivalent to the amount of notice that is lacking.

Notice of temporary lay-off shall not be required for employees hired to positions which have established seasonal lay-offs.

Notice of Resignation

An employee should provide as much notice as possible of his/her intention to resign. An employee, not including one suspended, dismissed, or laid off, who is employed in a continuing position shall provide his/her supervisor with a minimum of ten (10) working days written notice of resignation. Temporary employees shall provide five (5) working days notice of resignation. Failure to provide such notice shall require payment by the employee in lieu of notice of an amount equivalent to the amount of notice which is lacking. Such payment shall be made by deduction from vacation pay and salary normally due and payable to the employee.

In exceptional circumstances, the ten (10) working days written notice of resignation may be waived by the supervisor.

Absence without Authorization

Any employee who is absent from work without authorization, except as provided in the Sick Leave Policy, for three (3) consecutive working days may, at the supervisor's discretion, be deemed to have resigned without notice unless the employee proves that a request for authorization was not possible due to circumstances beyond the employee's control.