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Termination

This policy is of TRIUMF wide scope and addresses all employee categories. Those employees whose agreement comes under an affiliated university, institution or collective agreement must refer to the appropriate policies or contracts of their governing university, institution or collective agreement.

INTENT

Termination of an employee's appointment shall be conducted as per the following procedures:

GENERAL

Termination is the permanent cessation of employment from TRIUMF due to the conclusion of a fixed work term, resignation, retirement, position redundancy, financial reasons, cessation of operations, dismissal with cause or without cause.

1) Conclusion of a Fixed Work Term

Where an employee is appointed for a fixed term of employment as outlined in Policy No.1,
the appointment will be automatically terminated at the end of the term. Should the employee's work conclude prior to completion of the original work term, he/she may be terminated with full pay to the end of the originally agreed to employment term.

2) Resignation

An employee may resign his/her employment upon giving TRIUMF a minimum of two (2) weeks written notice. TRIUMF may waive in whole or part, such notice at any time.

3) Retirement

An employee is deemed to retire from TRIUMF upon reaching his/her 65th birthday, or, if upon reaching his/her 55th birthday, resigns and receives early retirement benefits from the Employee's Pension Plan.

4) Position Redundancy

Redundancy may result from the permanent elimination of a particular job. In such cases, TRIUMF shall provide written notice including the minimum statutory Labour requirements which are based on a minimum of one (1) week per year of service to a maximum of eight (8) weeks in total. Depending on the length of service and the position held, a further settlement may be offered based on current industry standards applicable to employees at other national laboratories in Canada, faculty members at Canadian Universities, and professional employees in private industry. Employees may, at the Director's discretion, be given the option of working the notice period or receiving the equivalent in compensation. TRIUMF further agrees to make every effort to relocate a displaced employee within the organization if a position exists for which he/she is qualified.

5) Financial Difficulty or Cessation of Operations

Financial difficulty or cessation of operations could arise from:

  • the discontinuation of grant funds for a particular position
  • the termination of a grant which provides "grant tenure"
  • a serious or complete reduction in funds from major funding agencies

Severance pay will be paid as a lump sum in lieu of notice, including the minimum statutory requirements and will be based on length of service, position held and financial ability to pay.

6) Dismissal With Cause

An employee may be discharged "With Cause" if, upon application of the Progressive Discipline Policy No.12, the employee's performance or conduct is deemed to have "just cause". In such cases, employees are not eligible for a period of notice pay, or pay in lieu thereof. Examples of cause for discharge are: incompetence, gross misconduct or refusal to perform assigned tasks without reasonable justification.

7) Dismissal Without Cause

An employee may be discharged without cause by TRIUMF providing the employee with reasonable notice, or pay in lieu thereof, as required by law, and in consideration of industry standards as outlined in "Position Redundancy" above.

Notwithstanding the above, BAEs are encouraged to pursue intellectual freedom as defined in Policy #1 to enhance the TRIUMF program, consistent with the TRIUMF mission statement, and a BAE will not be dismissed for challenging the current wisdom in their field.

FINAL PAY

Upon termination in any category, an employee will receive a final pay cheque representing all monies owing, including earned vacation entitlements, authorized overtime and a settlement of all monies owing to TRIUMF. The employee will also receive a Record of Employment to be used for Employment Insurance benefits if eligible.

BENEFITS

Group insurance benefits cease on the last day of the month for which benefit premiums have been paid. The individual employee benefit handbooks outline details concerning maintenance of life insurance coverage and benefits available from the Pension Plan (of the home institution.)

RESPONSIBILITIES

It is the responsibility of the Supervisor to:

  • recommend the discharge of a continuing, temporary or hourly employee to the Division Head

It is the responsibility of the Division Head to:

  • approve the discharge of a continuing, temporary or hourly employee

It is the responsibility of the Director to:

  • authorize the discharge of continuing employees

It is the responsibility of the Human Resource Manager to:

  • monitor the application of this Policy
  • counsel supervisors and senior managment as to the application of this policy

It is the responsibility of the Human Resource Department to:

  • process terminations as per this policy