Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees
LETTER OF UNDERSTANDING #3SEPARATION FOR TEMPORARY EMPLOYEES AND 2850 HOUR WAGE EMPLOYEES
BETWEEN:
THE CROWN IN RIGHT OF ALBERTA(The Employer)
- and -
THE ALBERTA UNION OF PROVINCIAL EMPLOYEES(The Union)
1.
Temporary Employees and 2850 Hour Wage Employees who meet the requirements of Subclause 4.06(a) of the Master Agreement and who have at least two years of continuous employment will be eligible for 1.5 weeks (calculated pursuant to Section 3 below) working notice of termination of employment for each complete year of service to a maximum of 25 weeks. The Employer may provide pay in lieu of all or part of this notice period for eligible Employees. The two year continuous employment period must immediately precede the date that the Employee's employment is ending.
2.
Where a 2850 Hour Wage Employee has not been given notice pursuant to Section 1, and has not been called in to work for 60 calendar days, the Employee has the option to request pay in lieu of notice pursuant to Section 1, or alternatively, to stay on the Employer's casual wage lists.
3.
The weekly salary for determining pay in lieu of notice will be calculated by averaging the Employee's weekly earnings over the one year period prior to the last date worked.
4.
Employees who receive pay in lieu of notice will be required to sign an agreement in the attached form.
5.
This Letter does not form part of the Collective Agreement and if concerns arise with respect to the notice or pay in lieu of notice, they shall be addressed by representatives of the Parties and not by way of the grievance procedure.
6.
This Letter of Understanding shall be effective the date of signing and shall remain in effect as provided in Article 47 of the Master terms.
7.
This Letter of Understanding may be cancelled at any time with the mutual agreement of both Parties.
8.
Where there is a conflict between this Letter of Understanding and Sub-clause 4.06(a) of the Master Agreement then this Letter of Understanding shall take precedence.
Dated this 27th day of January, 2022.
ORIGINAL SIGNED BY
______________________________ ______________________________
TIM GRANT GUY SMITH
Public Service Commissioner President, Alberta Union of Provincial Employees
STANDARD SEPARATION FOR TEMPORARY AND 2850 HOUR WAGE BARGAINING UNIT EMPLOYEES TERMINATION AGREEMENT
AGREEMENT DATED _______________________, 20__
HER MAJESTY THE QUEEN IN RIGHT OF THEPROVINCE OF ALBERTA, AS REPRESENTED BY
_____________________________________________
(EMPLOYER)
_____________________________________________
(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:
The Employee hereby resigns from employment with the Employer effective _______________________, 20__.
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 __________________ an 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 obliged to repay an amount greater than the gross amount, paid by the Employer to the Employee pursuant to paragraph 2.
In consideration of the payment referred to in paragraph 2, the Employee hereby:
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;
releases the Employer, 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 Government of Alberta 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.
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.
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA, as represented by the Ministry of:
________________________________________________
Witness
____________________________________________ Authorized Signatory
Witness
Name and Title of Authorized Signatory
EMPLOYEE
APPROVED AS TO FORM AND CONTENT:
PER: HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, as represented by the President of the Treasury Board, Minister of Finance through the Public Service Commissioner
HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA as represented by the Minister of Justice and Solicitor General
Authorized Signatory
____________________________________________Name and Title of Authorized Signatory