ARCHIVED - Translation (TR) 313

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Article 22
Severance Pay

22.01 Under the following circumstances of termination of employment, an employee shall receive severance benefits.

1. Lay-Off
   1. When an employee has completed one (1) year or more of continuous employment and is laid off, he is entitled to be paid severance pay at the time of lay-off.
   2. In the case of an employee who is laid off for the first (1^st) time, the amount of severance pay shall be two (2) weeks' pay for the first (1^st) completed year of continuous employment and one (1) week's pay for each additional completed year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
   3. In the case of an employee who is laid off for a second (2^nd) or subsequent time, the amount of severance pay shall be one (1) week's pay for each completed year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which he has already been granted severance pay under sub-paragraph (ii) above.
2. Retirement
   1. an employee who, on retirement, is entitled to an immediate annuity, or an employee is entitled to an immediate annual allowance under the Public Service Superannuation Act,
      or
   2. a part-time employee, who regularly works more than thirteen and one-half (13 1/2) but less than thirty (30) hours a week, and who, if he were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity or to an immediate annual allowance,
   shall be paid, on termination of employment, severance pay equal to the product obtained by multiplying his weekly rate of pay on termination of employment by the number of completed years of continuous employment and, in the case of a partial year of continuous employment, by the number of days of continuous employment divided by three hundred and sixty-five (365), up to a maximum of thirty (30) years.
3. Resignation
   1. An employee who, at the time of his resignation, has ten (10) or more years of continuous employment is, subject to paragraph (b), entitled to be paid severance pay equal to the amount obtained by multiplying half (1/2) of his weekly rate of pay on resignation by the number of completed years of continuous employment up to a maximum of twenty-six (26).
   2. Notwithstanding sub-paragraph (i), an employee who resigns to accept an appointment with a separate Employer covered by Schedule IV of the Financial Administration Act may decide not to accept severance pay, provided that the separate Employer will accept, for the purpose of calculating severance pay, the years of service accumulated by the employee within an organization covered by Schedule I and IV of the Financial Administration Act.
4. Termination for Cause for Reasons of Incapacity or Incompetence
   1. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to Section 12(1)(e) of the Financial Administration Act, he shall be entitled to severance pay on the basis of one (1) week's pay for each completed year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), up to a maximum of twenty-eight (28) weeks.
   2. When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence pursuant to the provisions of Section 12(1)(d) of the Financial Administration Act, he shall be entitled to severance pay on the basis of one (1) week's pay for each completed year of continuous employment up to a maximum of twenty-eight (28) weeks.
5. Rejection on Probation
   • When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, he shall be entitled to severance pay on the basis of one (1) week's pay for each completed year of continuous employment.

22.02 Severance Pay on Death

If an employee dies, there shall be paid to his estate an amount determined in accordance with paragraph 22.01(b) regardless of any other benefit payable.

22.03 General

1. The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee had already been granted severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Public Service, a Federal Crown Corporation, the Canadian Forces or the Royal Canadian Mounted Police.
2. Except as otherwise specified in this Agreement periods of leave without pay in excess of three (3) months shall not be counted as continuous employment for the purpose of calculating severance pay.
3. In this article "pay" means the rate of pay of the employee's substantive position.
4. Notwithstanding paragraph 22.03(c), where an employee has been in an acting position for more than two (2) years at the time of severance, the rate of pay used to determine the employee's severance pay is the employee's acting rate of pay.
5. Under no circumstances shall the maximum severance pay provided under this article be pyramided.

Article 23
Employee Performance Review
and Employee Files

23.01

1. When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment form will be provided to him at that time. An employee's signature on his assessment form will be considered to be an indication only that its contents have been read and shall not indicate his concurrence with the statements contained on the form.
2. The Employer's representative(s) who assess an employee's performance must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.
3. An employee has the right to make written comments to be attached to the performance review form.

23.02 Upon request, an employee shall be granted access to his personal file at least once a year, in the presence of an authorized representative of the Employer.

Article 24
Suspension and Discipline

24.01 When an employee is suspended from duty, the Employer shall provide the reason for the suspension in writing and shall endeavour to do so at the time of the suspension.

24.02 The Employer shall notify the Association as soon as possible that such suspension has occurred.

24.03 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him, the employee is entitled to have, at his request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day's notice of such a meeting.

24.04 The Employer agrees not to introduce as evidence at a hearing relating to disciplinary action any document from the employee's file the content of which was not made known to the employee at the time it was placed on his file or within a reasonable time thereafter.

24.05 Any document relating to disciplinary action that is placed on the Personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no other disciplinary action has been recorded during this period.

Article 25
Health and Safety

25.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees and agrees to correct within a reasonable delay any situation which can be detrimental to their health or safety. The Employer will welcome suggestions on the subject from the Association and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.

25.02

1. An interpreter may be relieved by the unit head of any interpretation work when the technical equipment or the facilities do not meet the minimum standards of the Canadian General Standards Board.
2. The Employer shall make a headset available to the interpreter without cost.

Article 26
Work Areas

The Employer shall undertake to consult in the spirit of clauses 31.02, 31.03 and 31.04 of this collective agreement the Association's head office as soon as possible and throughout the process prior to finalizing plans to move or rearrange work areas, to familiarize himself with the employees' concerns.

Article 27
Reference Material

27.01 The Employer agrees that employees shall have access to all publications or other documentation considered necessary to their work by the Employer.

27.02 Where operational requirements permit, the Employer shall allow interpreters prior familiarization with the subject matter and nature of the meeting to which they are assigned, by obtaining from organizers any necessary reference material and by arranging for appropriate information and briefing sessions. The Employer shall give interpreters the opportunity to prepare effectively for their duties by assigning them to reference work whenever necessary.

Article 28
Working Languages of Interpreters

Considering that skill to work both from English to French and from French to English meets the standards of the Translation Bureau, the Employer shall not require knowledge of a third language from interpreters recruited for work in both official languages of Canada.

Article 29
Dispute Resolution

The Employer and the Association are agreed that it is appropriate, as often as possible, to resolve disputes at the level where they occur without necessarily invoking the filing of a grievance, with the participation of the employee and a representative of the Employer, and preferably at the lowest possible level of management. Accordingly, and subject to agreement between the employee and the Employer's representative, an alternative dispute resolution process, characterized by open co-operation, frank exchanges of views and a quest for innovative solutions, may be used.

The employee and the Employer's representative may decide to seek the co-operation of a neutral third party not associated with the dispute. The role of this third party will be to attempt to reconcile the parties, promote open and full discussion and identify solutions that satisfy both parties. Paragraph 30.02 shall apply throughout the alternative dispute resolution process.

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