severance pay

[rich204]

Is the minimum that Employment Standard Code ok?

[FraserB]

The minimum must be followed, but Common Law has set precedent that it usually isn't sufficient.

Many, many factors that come into play. Stuff like age, seniority, length of service, likelyhood to find similar work. Been told that a consult with a lawyer is never a waste if you are in doubt about the package offered.

[spikerS]

Originally posted by rich204
Is the minimum that Employment Standard Code ok?

somehow even the facepalm smiley isn't enough for this question.

:banghead:

[lasimmon]

Originally posted by spikerS


somehow even the facepalm smiley isn't enough for this question.

:banghead:

Why is that? If I were to be layed off today and only given the minimum it would be an easy negotiation for more, as mentioned earlier Common Law comes into play.

[Xtrema]

Originally posted by lasimmon


Why is that? If I were to be layed off today and only given the minimum it would be an easy negotiation for more, as mentioned earlier Common Law comes into play.

It's a poorly formed question with 0 context.

Minimum is probably ok if you worked less than a year.

But 10 years or more, minimum sucks and is 12 weeks short of the common practice of 2 weeks per year.

[lasimmon]

I guess that is fair.

[spikerS]

Originally posted by lasimmon


Why is that? If I were to be layed off today and only given the minimum it would be an easy negotiation for more, as mentioned earlier Common Law comes into play.

because he even stated it was the minimum according to code, so of course it is ok. That was the entire question, not if he could go for more.

[Kloubek]

OK by law: Absolutely.
OK by morals: Not necessarily. Depends on many factors.

[cgyITguy]

Here is a question. How is severance/termination notice handled if an employee is considered Part-Time. My gf has worked for a company for 9 years and is technically considered part-time, even though she still works full time hours. She thinks she will get zilch in the event of a layoff, surely she would still be entitled to some minimum ?

[drtoohotty1]

Originally posted by cgyITguy
Here is a question. How is severance/termination notice handled if an employee is considered Part-Time. My gf has worked for a company for 9 years and is technically considered part-time, even though she still works full time hours. She thinks she will get zilch in the event of a layoff, surely she would still be entitled to some minimum ?

62.14 Severance Pay

Notwithstanding the provisions of Article 63, Severance Pay, of this Agreement, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full‑ and part‑time employment or varying levels of part‑time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part‑time portions shall be consolidated to equivalent full‑time. The equivalent full‑time period in years shall be multiplied by the full‑time weekly pay rate for the appropriate group and level to produce the severance pay benefit.


https://www.tbs-sct.gc.ca/pubs_pol/hrpubs/coll_agre/pa/pa06-eng.asp

[tirebob]

Originally posted by drtoohotty1


62.14 Severance Pay

Notwithstanding the provisions of Article 63, Severance Pay, of this Agreement, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full‑ and part‑time employment or varying levels of part‑time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part‑time portions shall be consolidated to equivalent full‑time. The equivalent full‑time period in years shall be multiplied by the full‑time weekly pay rate for the appropriate group and level to produce the severance pay benefit.


https://www.tbs-sct.gc.ca/pubs_pol/hrpubs/coll_agre/pa/pa06-eng.asp

My understanding of the info posted on your link is that it applies only to public service ie government jobs and that is not what is in place for the private sector.

If you go to the following pdf link from the government of Alberta page it will be relevant if you are working in the private sector...

LINK (https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjBmYvNz9LLAhVB8WMKHZtrBrgQFggcMAA&url=https%3A%2F%2Fwork.alberta.ca%2Fdocuments%2FTermination-of-Employment-and-Temp-Layoff.pdf&usg=AFQjCNGJw4WRbz4hoKFx6eD14Rj8G1sziA&sig2=aWJzpP3RfFiBFFQ_Ec1rfQ)

[Xtrema]

Originally posted by cgyITguy
Here is a question. How is severance/termination notice handled if an employee is considered Part-Time. My gf has worked for a company for 9 years and is technically considered part-time, even though she still works full time hours. She thinks she will get zilch in the event of a layoff, surely she would still be entitled to some minimum ?

Bigger question is, how does one considered part time and working full time hrs? And for 9 years at that?

[speedog]

As always, it also depends on whether the concerned job falls under provincial or federal labour code jurisdictions.

[Hallowed_point]

Originally posted by speedog
As always, it also depends on whether the concerned job falls under provincial or federal labor code jurisdictions.
:thumbsup:

[schurchill39]

Originally posted by cgyITguy
Here is a question. How is severance/termination notice handled if an employee is considered Part-Time. My gf has worked for a company for 9 years and is technically considered part-time, even though she still works full time hours. She thinks she will get zilch in the event of a layoff, surely she would still be entitled to some minimum ?



Originally posted by speedog
As always, it also depends on whether the concerned job falls under provincial or federal labour code jurisdictions.

As always, if you are laid off its worth having an employment lawyer look over any documentation. I'm assuming if she has some form of documentation tracking her hours and its equivalent to full time I'm sure a lawyer could make the case for her if she feels its unfair compensation.

[Fred]

any recommendations for an employment lawyer in Calgary?

[FraserB]

Originally posted by Xtrema


Bigger question is, how does one considered part time and working full time hrs? And for 9 years at that?

Scheduled to work for the amount of hours required to keep her part time and works consistent overtime?