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Article 33 - Lay-Off

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33.01(a)(i)Where the duties of a position held by an employee are no longer required to be performed, the Employer may lay-off the employee. The Employer and the Union recognize the necessity and the justice of the application of the merit principle, which means qualifications and competence, in determining who will be laid off. It is agreed that where two (2) employees of equal merit face being laid off, length of service will be the deciding factor.
  (ii)In order to minimize the adverse effects of lay-off, the Employer will provide retraining where practical.


Disputes arising from the application of reasonable job offers and priority status to lay-offs in the hiring process shall be determined by appeal to the Lay-off Dispute Officer.
 (c)The following timelines will apply to this appeal process:
  i.An appeal must be received by the Deputy Minister of Human Resources within four days after the Employee receives notice of a reasonable job offer or notice of lay-off in the manner set out in Section 3 of the Staffing Appeals Regulations.
  ii.The Deputy Minister of Human Resources will provide the Union with a copy of the appeal upon receipt.
  iii.The Lay-off Dispute Officer will conduct an appeal hearing within four days or within such further time as he or she may determine.

Parties to the appeal include:
a. The Union
b. The GNWT
c. The Employee

  v.Within three days after concluding an appeal hearing the Lay-off Dispute Officer shall prepare a report of his or her findings, the decision reached and the reasons for the decision.
  vi.The Lay-off Dispute Officer shall provide all parties with a copy of the report without delay. 

The Lay-off Dispute Officer shall:


Where he/she finds that the job offer was reasonable, dismiss the appeal;



Where he/she finds that the job offer was unreasonable, uphold the appeal and reinstate the full lay-off period;



Where he/she finds the lay-off was given priority status, dismiss the appeal;


  iv.Where he/she finds the lay-off was not given priority status, uphold the appeal and direct the Employer to rescind any appointment and reconsider the lay-off taking into account the lay-off's priority status.
 Findings of the Lay-off Dispute Officer shall be final and binding to all parties.

Priority Status means lay-offs are given priority over all other potential candidates including non laid off affirmative action candidates in the hiring process.

33.02Before an employee is terminated by the Employer and the employee ceases to be an employee, the following provisions apply:
 (a)each such employee shall be given three (3) months lay-off notice in writing of the effective date of his/her lay-off;
 (b)every employee shall be entitled to options in accordance with the provisions in Article 32;
 (c)every employee subject to being laid-off shall, during the three (3) months notice period, be granted reasonable leave with pay for the purpose of being interviewed and examined by a prospective employer and to such additional leave with pay as the Employer considers reasonable for the employee to travel to and from the place where his/her presence is so required;
 (d)the Employer shall make every attempt to provide a reasonable job offer within the employee's headquarters; including the consideration of appointment to positions occupied by employees who have applied for Voluntary Separation.
 (e)employees who refuse a reasonable job offer by the Employer are no longer considered laid-off as per Article 2.01(t) and will receive severance in accordance to either Article 32.05 or 32.06;
 (f)employees who accept a lower level position shall continue for a period of one year, to receive the salary and negotiated pay increases she/he was receiving or would receive had she/he not been served with lay-off notice or laid off.
33.03An employee who is to receive a lay-off notice shall be given 24 hours advance notice of the meeting at which lay-off notice is to be given. The employee will be advised that he/she is entitled to have union representation at the meeting.