Human Resource Policy Manual
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Table of Contents


  • Alphabetical Listing
  • Introduction
  • Attendance
  • Benefits
  • Classification
  • Definitions
  • Employee and     Labour Relations
  • General Employee     Information
  • Human Resources      Contact Numbers
  • Leave
  • Occupational Health     and Safety
  • Pay
  • Staffing
  • Travel
  • Workforce     Development



Termination of Employment

Policy Statement

Employees whose permanent positions are terminated, without cause, by the Employer will receive notification of termination of employment or pay in lieu of notice, as well as severance pay if eligible. Employees whose permanent positions are terminated will be eligible to apply for internal competitions for a period of 2 years following the date of notification of employment termination. Where positions to which permanent employees have been temporarily assigned are terminated or discontinued, employees will return to their permanent positions.

Application

This policy applies to permanent management and non-management / non-bargaining employees.

Definitions

Continuous Service

 unbroken service within a Government department or within an agency from which an employee has transferred pension credits and other benefits
Notice Period  number of weeks notice of termination of employment given to an employee based on age and years of continuous service and calculated in accordance with the Notice Period Table.
Pay in Lieu of Notice  payment made to employees, based on age and years of continuous service, where it is decided that the employee should leave the workplace rather than work during the notice period
Permanent Position  a position in which the employment of the incumbent is without reference to any specified date of termination of service
Termination of Employment  termination of employment without cause
Severance Pay one week of pay for each year of service up to a maximum of 20 weeks for employees who have completed 9 or more years of continuous service

Responsibility

It is the responsibility of Departments and Agencies to:

  1. plan ahead for their staffing needs;

  2. identify positions that are surplus to their needs and are to be terminated;

  3. obtain Treasury Board approval to terminate the individual=s employment; and

  4. notify employees in writing that their employment is to be terminated, the effective date of the termination, the period of notice for which they are eligible and the severance pay (if any) for which they are eligible.

Notice of Termination of Employment

Departments will give written notice of termination of employment to employees in accordance with the Notice Period Table. The number of weeks of notice commences as of the date of the letter which terminates employment. During the notice period, the employee will continue to access all employment benefits and accumulate pension credits while in receipt of salary. At the end of this notice period the employee may be eligible to receive:

  1. severance pay; and

  2. pay for unused paid leave, annual leave, travel time or overtime.

Pay in Lieu of Notice

Departments may seek approval from Treasury Board to give employees whose employment is terminated pay in lieu of notice in accordance with the Notice Period Table.

If an employee, whose employment is terminated, receives pay in lieu of notice, the employee may choose to receive this payment either as a lump sum or as salary continuance.

(a) Lump Sum

Employees who choose to receive pay in lieu of notice as a lump sum also receive an amount representative of the value of the pension credit for that period of time, as per the Notice Period Table. In addition, employees who are given pay in lieu of notice may be eligible to receive:

  1. severance pay; and

  2. pay for unused paid leave, annual leave, travel time or overtime.

(b) Salary Continuance

Employees who choose to receive pay in lieu of notice as salary continuance exit the workplace but receive the pay in lieu of notice in bi-weekly cheques during the period of notice. Employees on salary continuance continue to accumulate pension credits during their period of notice, but they do not accumulate sick, annual or paid leave credits. At the end of the notice period, during which employees are in receipt of salary continuance, employees may be eligible to receive:

  1. severance pay; and

  2. pay for unused paid leave, annual leave, travel time or overtime.

Eligibility for Internal Competition

Employees whose employment is terminated under this policy will be eligible to apply, as internal candidates, for internal competitions within Government for a period of 2 years following the date of the notice to terminate employment.

Re-Employment

Employees who receive a lump sum payment (in lieu of notice) and who are subsequently re-employed, in any capacity, in the public service before the expiry of the pay in lieu of notice period will be required to pay back that portion of the notice period and severance which overlaps with their return to work.

Departments will recover the actual net dollar amount owed by the rehired employee for the period that overlaps with the period of re-employment.

The repayment period will not exceed the number of weeks for which the employee was originally given pay in lieu of notice. The interest rate to be charged on repayments will be that which is set, from time to time, by the Department of Finance.

Notice Period Table
(Number of Weeks)

 

Age (years)

Continuous Service (years)

<35

35 - 39

40 - 44

45 - 49

50 - 54

>54

< 6 months

2

4

6

8

10

12

< 6 months - < 1 year

4

6

8

10

12

14

> 1 year - < 2 years

7

9

11

13

15

17

> 2 years - < 4 years

11

13

15

17

19

21

> 4 years - < 6 years

15

17

19

21

23

25

> 6 years - < 8 years

19

21

23

25

27

29

> 8 years - < 10 years

23

25

27

29

31

33

> 10 years - < 12 years

27

29

31

33

35

37

> 12 years - < 14 years

31

33

35

37

39

41

> 14 years - < 16 years

35

37

39

41

43

45

> 16 years - < 18 years

39

41

43

45

47

49

> 18 years - < 20 years

43

45

47

49

51

53

> 20 years - < 22 years

47

49

51

53

55

57

> 22 years

52

54

56

58

60

62

Last Updated: MC 2004-0150; MC 2005-0540, November 30, 2005

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