Letter of Understanding #2 Standard separation payment for restructuring termination agreement for bargaining unit employees

STANDARD SEPARATION PAYMENT FOR RESTRUCTURING TERMINATION
AGREEMENT FOR BARGAINING UNIT EMPLOYEES​

BETWEEN:

THE CROWN IN RIGHT OF ALBERTA
(The Employer)

- and -

THE ALBERTA UNION OF PROVINCIAL EMPLOYEES
(The Union)

AGREEMENT DATED _______________________, 20__​​

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE
PROVINCE OF ALBERTA, AS REPRESENTED BY

_____________________________________________
(THE 'EMPLOYER')
- and -

_____________________________________________

(THE 'EMPLOYEE')

​WHEREAS the Employee is presently employed by the Employer.

AND WHEREAS the Employer and the Employee have mutually agreed to terminate the existing employment relationship.

THEREFORE, the Parties agree as follows:

1. ​The Employee hereby resigns from employment with the Employer effective _______________________, 20___.

2. The Employer will pay as a severance payment to the Employee the sum of $___________________, less any withholdings required by law.​​
   

3. If during the period __________________ to __________________ the Employer or a “Provincial Agency" as defined in the Financial Administration Act:
   

   ​	a)​	​employs the Employee on a full or part time basis, or
   ​	​b)	​​​retains the Employee, either directly or indirectly, on a fee for service basis the gross amount, including lawful deductions made at source, paid to the Employee directly or indirectly by the Employer or Provincial Agency during such period, less any lawful  deductions made at source, shall be paid by the Employee to the Employer forthwith following completion of the period. In no case shall the Employee be obl​​​iged to repay an amount greater than the gross amount, paid by the Employer to the Employee pursuant to paragraph 2.

4. In consideration of the payment referred to in paragraph 2, the Employee hereby:
   

   ​	​a)​	​waives any and all rights the Employee may have under the terms of the Collective Agreement between the Government of the Province of Alberta and A.U.P.E. arising in any way from the termination of the Employee's employment;
   	​b)	releases the Empoyer, its officers and Employees from any and all claims which the Employee may now or in the future have arising out of the Employee's employment with the Employer or the termination of such employment.

5. ​It is understood that the waiver and release contained in paragraph 4 does not apply to any benefits to which the Employee is entitled by virtue of the Employee's participation in the Public Service Pension Plan.

6. It is agreed that this written instrument embodies the entire agreement of the parties hereto with regard to the matters dealt with herein and that no understanding or agreements, verbal or otherwise, exist between the parties except as herein expressed.