Contract / Table of Contents
Article /
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Company Policy / Sick Leave
Letter of Understanding /
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2 /
3 /
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11 /
12 /
13 /
14 /
15 /
16 /
17 /
Letter of Intent /
Pensions /
Deferred Retirement /
Disability Management /
GWP / Schedule "G"
14.01
A regular employee shall be entitled to separation pay as set out in Sub-section 14.03, provided he has not been excluded by Sub-section 14.02 and provided he meets any of the following eligibility provisions:
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If he is terminated for a reason other than set out in Sub-section 14.02;
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If he is laid off and on any date during his layoff the hours scheduled for him during the previous twelve [12] consecutive months were less than fifty percent [50%] of normal full time hours, provided he is not eligible for any Company or Government pension or for benefits under the Company's insured Weekly Indemnity or Long Term Disability Plans;
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In special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six [6] months, he may request immediate termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause [b] above;
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If he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section 14.02;
An employee eligible for a separation payment hereunder must apply for it not later than six [6] months after he first becomes eligible therefore, otherwise his right to such payment shall be cancelled.
Notwithstanding the above, if the Company permanently discontinues an operation, an employee laid off as a result thereof must apply for and shall receive any separation pay to which he is entitled without waiting the six [6] months' period.
14.02
Notwithstanding Sub-section 14.01, an employee shall be excluded from separation pay eligibility if;
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He quits;
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He is terminated for just cause;
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He is terminated under Section 3.06 of this Collective Agreement;
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He has been terminated because of specific direction or decree from any Government authority, which has the effect of curtailing any of the Company's operations, unless:
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The direction or decree is the result of an illegal act committed by the Company or one of its representatives, or
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The direction or decree purports to change the method of beer retailing within the Province;
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He has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
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He is laid off and has arranged with the Company to take leave of absence without pay for a specific period in lieu of his layoff;
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He is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workers' Compensation Act;
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He is entitled to receive any pension under the Company or Government Pension Plan.
14.03
The amount of the separation payment of an eligible employee shall be equal to:
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One [1] week's base earnings (computed on the basis of his hourly rate in effect as of time of layoff) multiplied by the number of his completed years of seniority (as used for vacation entitlement) as of the last day he actively worked in the Bargaining Unit, plus
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For employees classified as probationary or regular employees prior to May 17, 1988, an additional three hundred and seventy five [$375.00] dollars multiplied by his completed years of seniority used in [a] above to a maximum of fifteen [15] years. However, such eligible employee who applies for separation pay at the time he first becomes eligible therefore shall have his separation pay under this part [b] calculated as seven hundred and fifty [$750.00] dollars multiplied by his completed years of seniority used in [a] above to a maximum of fifteen [15] years. If there is a permanent closure of a brewery (or complete distribution and other operations of Brewers' Distributor Ltd.) the fifteen [15] year maximum is replaced with a twenty two [22] year maximum.
14.04
The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee, which the employee was not entitled to receive pursuant to Subsection 57 (13) of the EI Regulations.
14.05
If an employee applies for and accepts a separation payment hereunder, his employment is terminated and his seniority and other rights under the Collective Bargaining Agreement are cancelled.