|
22.01 Under the following circumstances of termination of
employment, an employee shall receive severance benefits.
(a) Lay-Off
(i) When an employee has completed one (1) year or more of continuous
employment and is laid off, he is entitled to be paid severance pay at the
time of lay-off.
(ii) In the case of an employee who is laid off for the first (1st)
time, the amount of severance pay shall be two (2) weeks' pay for the first (1st)
completed year of continuous employment and one (1) week's pay for each
additional completed year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and
sixty-five (365).
(iii) In the case of an employee who is laid off for a second (2nd)
or subsequent time, the amount of severance pay shall be one (1) week's pay
for each completed year of continuous employment and, in the case of a partial
year of continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five (365),
less any period in respect of which he has already been granted severance pay
under sub-paragraph (ii) above.
(b) Retirement
(i) an employee who, on retirement, is entitled to an immediate annuity, or
an employee is entitled to an immediate annual allowance under the Public
Service Superannuation Act,
or
(ii) a part-time employee, who regularly works more than thirteen and
one-half (13 1/2) but less than thirty (30) hours a week, and who, if he were
a contributor under the Public Service Superannuation Act, would be
entitled to an immediate annuity or to an immediate annual allowance,
shall be paid, on termination of employment, severance pay equal to the
product obtained by multiplying his weekly rate of pay on termination of
employment by the number of completed years of continuous employment and, in
the case of a partial year of continuous employment, by the number of days of
continuous employment divided by three hundred and sixty-five (365), up to a
maximum of thirty (30) years.
**
(c) Resignation
(i) An employee who, at the time of his resignation, has ten (10) or more
years of continuous employment is, subject to paragraph (b), entitled to be
paid severance pay equal to the amount obtained by multiplying half (1/2) of
his weekly rate of pay on resignation by the number of completed years of
continuous employment up to a maximum of twenty-six (26).
(ii) Notwithstanding sub-paragraph (i), an employee who resigns to accept
an appointment with a separate Employer covered by Schedule IV of the Financial
Administration Act may decide not to accept severance pay, provided that
the separate Employer will accept, for the purpose of calculating severance
pay, the years of service accumulated by the employee within an organization
covered by Schedule I and IV of the Financial Administration Act.
**
(d) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of continuous
employment and ceases to be employed by reason of termination for cause for
reasons of incapacity pursuant to Section 11(2)(d) and 11(2)(e) of the Financial
Administration Act, he shall be entitled to severance pay on the basis of
one (1) week's pay for each completed year of continuous employment and, in
the case of a partial year of continuous employment, one (1) week's pay
multiplied by the number of days of continuous employment divided by three
hundred and sixty-five (365), up to a maximum of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of continuous
employment and ceases to be employed by reason of termination for cause for
reasons of incompetence pursuant to the provisions of Section 11(2)(d) and
11(2)(e) of the Financial Administration Act, he shall be entitled to
severance pay on the basis of one (1) week's pay for each completed year of
continuous employment up to a maximum of twenty-eight (28) weeks.
(e) Rejection on Probation
When an employee has completed more than one (1) year of continuous
employment and ceases to be employed by reason of rejection during a
probationary period, he shall be entitled to severance pay on the basis of one
(1) week's pay for each completed year of continuous employment.
22.02 Severance Pay on Death
If an employee dies, there shall be paid to his estate an amount determined
in accordance with paragraph 22.01(b) regardless of any other benefit payable.
22.03 General
(a) The period of continuous employment used in the calculation of severance
benefits payable to an employee under this Article shall be reduced by any
period of continuous employment in respect of which the employee had already
been granted severance pay, retiring leave, rehabilitation leave or a cash
gratuity in lieu thereof by the Public Service, a Federal Crown Corporation, the
Canadian Forces or the Royal Canadian Mounted Police.
(b) Except as otherwise specified in this Agreement periods of leave without
pay in excess of three (3) months shall not be counted as continuous employment
for the purpose of calculating severance pay.
(c) In this article "pay" means the rate of pay of the employee's
substantive position.
(d) Notwithstanding paragraph 22.03(c), where an employee has been in an
acting position for more than two (2) years at the time of severance, the rate
of pay used to determine the employee's severance pay is the employee's acting
rate of pay.
(e) Under no circumstances shall the maximum severance pay provided under
this article be pyramided.
23.01
(a) When a formal assessment of an employee's performance is made, the
employee concerned must be given an opportunity to sign the assessment form in
question upon its completion to indicate that its contents have been read. A
copy of the assessment form will be provided to him at that time. An employee's
signature on his assessment form will be considered to be an indication only
that its contents have been read and shall not indicate his concurrence with the
statements contained on the form.
(b) The Employer's representative(s) who assess an employee's performance
must have observed or been aware of the employee's performance for at least
one-half (1/2) of the period for which the employee's performance is evaluated.
(c) An employee has the right to make written comments to be attached to the
performance review form.
23.02 Upon request, an employee shall be granted access to
his personal file at least once a year, in the presence of an authorized
representative of the Employer.
24.01 When an employee is suspended from duty, the Employer
shall provide the reason for the suspension in writing and shall endeavour to do
so at the time of the suspension.
24.02 The Employer shall notify the Association as soon as
possible that such suspension has occurred.
24.03 When an employee is required to attend a meeting, the
purpose of which is to render a disciplinary decision concerning him, the
employee is entitled to have, at his request, a representative of the
Association attend the meeting. Where practicable, the employee shall receive a
minimum of one (1) day's notice of such a meeting.
24.04 The Employer agrees not to introduce as evidence at a
hearing relating to disciplinary action any document from the employee's file
the content of which was not made known to the employee at the time it was
placed on his file or within a reasonable time thereafter.
24.05 Any document relating to disciplinary action that is
placed on the Personnel file of an employee shall be destroyed after two (2)
years have elapsed since the disciplinary action was taken, provided that no
other disciplinary action has been recorded during this period.
25.01 The Employer shall continue to make all reasonable
provisions for the occupational safety and health of employees and agrees to
correct within a reasonable delay any situation which can be detrimental to
their health or safety. The Employer will welcome suggestions on the subject
from the Association and the parties undertake to consult with a view to
adopting and expeditiously carrying out reasonable procedures and techniques
designed or intended to prevent or reduce the risk of employment injury.
25.02
(a) An interpreter may be relieved by the unit head of any interpretation
work when the technical equipment or the facilities do not meet the minimum
standards of the Canadian General Standards Board.
(b) The Employer shall make a headset available to the interpreter without
cost.
The Employer shall undertake to consult in the spirit of clauses 31.02, 31.03
and 31.04 of this collective agreement the Association's head office as soon as
possible and throughout the process prior to finalizing plans to move or
rearrange work areas, to familiarize himself with the employees' concerns.
27.01 The Employer agrees that employees shall have access
to all publications or other documentation considered necessary to their work by
the Employer.
27.02 Where operational requirements permit, the Employer
shall allow interpreters prior familiarization with the subject matter and
nature of the meeting to which they are assigned, by obtaining from organizers
any necessary reference material and by arranging for appropriate information
and briefing sessions. The Employer shall give interpreters the opportunity to
prepare effectively for their duties by assigning them to reference work
whenever necessary.
Considering that skill to work both from English to French and from French to
English meets the standards of the Translation Bureau, the Employer shall not
require knowledge of a third language from interpreters recruited for work in
both official languages of Canada.
The Employer and the Association are agreed that it is appropriate, as often
as possible, to resolve disputes at the level where they occur without
necessarily invoking the filing of a grievance, with the participation of the
employee and a representative of the Employer, and preferably at the lowest
possible level of management. Accordingly, and subject to agreement between the
employee and the Employer's representative, an alternative dispute resolution
process, characterized by open co-operation, frank exchanges of views and a
quest for innovative solutions, may be used.
The employee and the Employer's representative may decide to seek the
co-operation of a neutral third party not associated with the dispute. The role
of this third party will be to attempt to reconcile the parties, promote open
and full discussion and identify solutions that satisfy both parties. Paragraph
30.02 shall apply throughout the alternative dispute resolution process.
30.01 Presentation
**
(a) Subject to and as provided in Section 208 of the Public Service
Labour Relations Act, an employee who feels that he has been treated
unjustly or considers himself aggrieved by an action or lack of action by the
Employer in matters other than those arising from the classification process is
entitled to present a grievance in the manner prescribed in paragraph (b),
except that:
(i) where there is another administrative procedure provided by or under
any Act of Parliament to deal with his specific complaint such procedure must
be followed,
and
(ii) where the grievance relates to the interpretation or application of
this Collective Agreement or an arbitral award, he is not entitled to present
the grievance unless he has the approval of and is represented by the
Association.
(b) An employee who wishes to present a grievance at any prescribed step in
the grievance procedure, shall transmit this grievance to his immediate
supervisor or local officer-in-charge who shall forthwith:
(i) forward the grievance to the representative of the Employer authorized
to deal with grievances at the appropriate step,
and
(ii) provide the employee with a receipt stating the date on which the
grievance was received by him.
(c) A grievance of an employee shall not be deemed to be invalid by reason
only of the fact that it is not in accordance with the form supplied by the
Employer.
30.02 Right to Representation
(a) If he so desires an employee may be assisted and/or represented by the
Association when presenting a grievance at any step.
(b) The Association shall have the right to consult with the Employer with
respect to a grievance at each or any step of the grievance procedure.
30.03 Steps in the Procedure
(a) There shall be no more than four (4) steps in the grievance procedure.
These steps shall be as follows:
(i) Step 1 – first (1st) level of management.
(ii) Step 2 - (and three (3) in departments or agencies where such a step
is established) – one (1) (or two (2)) intermediate step(s).
(iii) Final Step - Deputy Head or his authorized representative.
(b)
(i) The Employer shall designate a representative at each step in the
grievance procedure and shall inform each employee to whom the procedure
applies of the name or title of the person so designated together with the
name or title and address of the immediate supervisor or local
officer-in-charge to whom a grievance is to be presented.
(ii) This information shall be communicated to employees by means of
notices posted by the Employer in places where such notices are most likely to
come to the attention of the employees to whom the grievance procedure
applies, or otherwise as determined by agreement between the Employer and the
Association.
30.04 Time Limits
In determining the time within which any action is to be taken as prescribed
in this procedure, Saturdays, Sundays and designated holidays shall be excluded.
(a) An employee may present a grievance to the first step of the procedure in
the manner prescribed in paragraph 30.01(b), not later than the twenty-fifth (25th)
day after the date:
(i) on which he is notified orally or in writing,
or
(ii) on which he first becomes aware of the action or circumstances giving
rise to grievance.
(b) An employee may present a grievance at each succeeding step in the
grievance procedure beyond the first step either:
(i) where the decision or settlement is not satisfactory to him, within ten
(10) days after that decision or settlement has been conveyed in writing to
him by the Employer,
or
(ii) where the Employer has not conveyed a decision to him within the time
prescribed in paragraph 30.04(c), within fifteen (15) days after he presented
the grievance at the previous step.
(c) The Employer shall normally reply to an employee's grievance at any step
of the grievance procedure, except the Final Step, within ten (10) days after
the grievance is presented, and within twenty (20) days where the grievance is
presented at the Final Step.
(d) Any employee who fails to present a grievance to the next higher step
within the prescribed time limits shall be deemed to have abandoned the
grievance unless, due to circumstances beyond his control, he was unable to
comply with the prescribed time limits.
(e) The time limits stipulated in this procedure may be extended by mutual
agreement between the Employer and the employee and, where appropriate, the
Association representative, except as provided in clause 30.06.
30.05 Grievance by Mail
(a) Where the provisions of paragraph 30.01(b) cannot be complied with and it
is necessary to present a grievance by mail, the grievance shall be deemed to
have been presented on the day on which it is postmarked and it shall be deemed
to have been received by the Employer on the day it is delivered to the
appropriate office of the department or agency concerned.
(b) The Employer shall be deemed to have delivered a reply at any step on the
date on which the letter containing the reply is postmarked, but the time limit
within which the grievor may present his grievance at the next higher step shall
be calculated from the date on which the Employer's reply was delivered to the
address shown on the grievance form.
**
30.06 Grievance on Discharge
Where the Employer discharges an employee pursuant to paragraph 12(1)(c), (d)
or (e) of the Financial Administration Act, the grievance procedure set
forth in this Agreement shall apply except that:
(a) the grievance is presented at the Final Step only,
and
(b) the twenty (20)-day time limit within which the Employer is to reply at
the Final Step may be extended to a maximum of forty (40) days by mutual
agreement of the Employer and the appropriate representative of the Association.
**
30.07 Referral to Adjudication
(a) Where an employee has presented a grievance up to and including the Final
Step in the grievance procedure with respect to:
(i) the interpretation or application in respect of him of a provision of
this Collective Agreement or a related arbitral award,
or
(ii) disciplinary action resulting in, suspension or a financial penalty,
or
(iii) disciplinary action resulting in discharge pursuant to paragraph
12(1)(c), (d) or (e) of the Financial Administration Act
and his grievance has not been dealt with to his satisfaction, he may refer
the grievance to adjudication in accordance with the provisions of the Public
Service Labour Relations Act and Regulations.
(b) Where a grievance that may be presented by an employee to adjudication is
a grievance relating to the interpretation or application in respect of him of a
provision of this Agreement or an arbitral award, the employee is not entitled
to refer the grievance to adjudication unless the Association signifies in the
prescribed manner:
(i) its approval of the reference of the grievance to adjudication,
and
(ii) its willingness to represent the employee in the adjudication
proceedings.
30.08 National Joint Council Grievance
In cases of alleged misinterpretation or misapplication arising out of
agreements concluded by the National Joint Council (NJC) of the Public Service
on items which may be included in a collective agreement and which the parties
to this agreement have endorsed, the grievance procedure will be in accordance
with Section 14 of the NJC By-Laws.
30.09 General
(a) Where an employee has been represented by the Association in the
presentation of his grievance, the Employer will provide the appropriate
representative of the Association with a copy of the Employer's decision at each
step of the grievance procedure at the same time that the Employer's decision is
conveyed to the employee.
(b) Where it appears that the nature of the grievance is such that a decision
cannot be given below a particular step of the grievance procedure, any or all
the steps except the Final Step may be eliminated by agreement of the Employer
and the employee, and, where applicable, the Association.
(c) Where a grievance has been presented up to and including the final level
in the grievance process, and the grievance is not one that may be referred to
adjudication, the decision on the grievance taken at the final level in the
grievance process is final and binding and no further action may be taken under
the Public Service Labour Relations Act.
(d) An employee may by written notice to his immediate supervisor or
officer-in-charge abandon a grievance.
(e) No person shall seek by intimidation, by threat of dismissal or by any
other kind of threat to cause an employee to abandon his grievance or refrain
from exercising his right to present a grievance, as provided in this Collective
Agreement.
31.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and are prepared to consult on matters of common
interest upon request from either party, for example contemplated changes in
conditions of employment or working conditions not governed by this Agreement,
without prejudice to the position the Employer or the Association may wish to
take in the future as to the desirability of having those subjects dealt with
through provisions in collective agreements. The parties may also consult on
other issues, by mutual consent.
31.02 The parties recognize moreover that consultation
affords them an opportunity to better understand their respective interests, as
well as the decisions and positions each will come to following their
discussions.
31.03 To be efficient, consultation must take place as soon
as possible before the final decision is made; as much as possible, it must
begin as soon as an issue is raised or a problem arises and before parties start
formulating their conclusions. It must continue at each stage of the process.
31.04 Parties in a consultation process listen with an open
mind and discuss substantively the issues raised during consultation. When a
party comes to a decision on an issue that was subject to consultation, it
informs the other party of its decision and of the underlying reasons before
making it public.
|
