Layoff Information

Full Time-specific

I have unused vacation days. Will they be paid to me if I take severance?

• Yes. Any unused and accrued vacation time will be paid out. 

Regular Part Time-specific

If I get a notice of layoff, will I be paid to attend the notification meeting?

• All impacted RPT employees will be paid 24 hours per week for their 21-day notice period. 

• If your notice meeting is at a date/time you typically do not work, you are being compensated. If you are not available at the time of the meeting, it will be rescheduled.

Do I need to submit timesheets during my 21-day notice period?

• No. The college will automatically pay laid-off RPT employees 24 hours a week. 

Employment Insurance (EI)

We strongly recommend members submit EI questions to Service Canada directly.

How/when will I get my Record of Employment?

• Your RoE will be issued electronically by the College on your last paid day of work. You can access it through Ceridian Dayforce (where you receive your pay statements). You can also request a copy of the form through the Payroll department.

When should I apply for EI?

• You can start your EI application as soon as you stop working. You do not have to have a Record of Employment right away.

If I accept severance am I still eligible for EI?

• Yes. Your Record of Employment will state that you were laid off.

If I choose redeployment and then reject a reassignment offer, will that negatively impact my EI eligibility?

• According to Service Canada, you must be willing and able to work while receiving EI. If you reject a reassignment offer while on recall, you may lose EI benefits.

• If there is a specific reason why you would reject a reassignment offer, contact Service Canada directly for more information.  

Will taking courses while on EI impact my eligibility?

• Possibly. You must be willing and able to work while on EI, which could mean withdrawing from a course if a job is offered. See EI and Courses/Training Programs info from Service Canada, or talk to Employment Ontario before registering for any training, courses, or programs. 

Severance & Payments

Important: Under the Employment Standards Act, severance is paid to employees with 5 or more years of service with the employer.

• If you have less than 5 years of service, you can only receive severance by notifying the College that you will accept severance within 21 calendar days of your layoff notice. (See FT CA Article 15.5 and PT CA Article 18.8 for details.)

• If you have more than 5 years of service, you can change your decision during your notice period or while on recall. 

If I choose severance, can the remainder of my notice period be paid in a lump sum?

• Yes. You can choose to receive the remainder in a lump sum. 

• FT members: your access to benefits will end immediately if you choose not to continue your 90-day notice period. Benefits are only active if you are receiving a paycheque.

Are severance payments and lump sum payments of my remaining notice period subject to deductions?

• Yes. Under the law, they are subject to the same mandatory deductions as your normal pay. 

Can the College deposit my lump sum or severance payment into my RRSP?

• Yes. If you choose severance and want to end your notice period early with a lump sum payment, reply directly to your notice email and notify HR to arrange a transfer into an RRSP.

If I have more than 5 years of service, when and how can I accept severance?

• Severance will be paid when

  • You give up your right to be reassigned to a new position while on the recall list.

  • Your time on the recall list ends before a new position is found for you.

  • You reject an offer of reassignment and sever your employment.

If I have more than 5 years of service, can I elect severance at any point?

• • Yes. Employees with more than 5 years of service are entitled to severance under the Employment Standards Act. 

  • The College will pay severance to employees with more than 5 years of service if they elect to give up their recall rights at any point. 

Notice Letters

If I'm affected by layoffs, will I be given working notice or non-working notice?

• The decision to require continued work during the notice period is made by College management. 

If I receive non-working notice, does the paid notice period still apply?

• Yes, the 90-day (regular full-time) or 21-day (regular part-time) notice period applies whether you are expected to work or not.

My notice letter included a Ministry of Labour Notice of Termination form. What do hourly and salaried numbers mean?

• The numbers indicate the number of unionized employees, both support staff and faculty, who are impacted. 

Do I need to sign and return the Ministry of Labour Notice of Termination form?

• No, it is a notification from the College to the Ministry only. You received a copy because the College is required to share it with employees.

Redeployment

If I choose redeployment, how many days until I start in the new position?

• It depends on when the Employment Stability Committee finds a suitable position for you. Depending on how many people request redeployment, this could take weeks to months. If a position is found, you'll receive a formal letter of reassignment, including your start date.

If I choose redeployment, can I make suggestions for positions that might be suitable for me?

• Yes, we welcome such suggestions. Note that suggestions may not be feasible, depending on factors like position availability, seniority, etc., as outlined in the Collective Agreements. You can send any such suggestions to your Unit Steward:

  • Full Time: Dana Leaman, ftunitsteward@opseu241.ca

  • Part Time: Sara McArthur Timofejew, ptunitsteward@opseu241.ca 

What happens if I choose redeployment and no job is found? Do I get severance?

• Important: Per the Employment Standards Act, severance is only paid to employees with 5 or more years of service. If you have less than 5 years of service, you can only get severance by giving up your recall rights within 21 days of receiving your layoff notice. See the Severance & Payments section above.

• If your 12 or 18-month recall period (see FT Article 15.6.1, PT Article 18.6) expires before a new position is found, you are paid your severance if you have 5 or more years of service. 

If I'm offered a redeployment, can I turn down the position in favour of another?

• If you decline an offered position, it will return to ESC to find the next suitable candidate. 

• Severance is only paid if you have 5 or more years of service.

• Rejecting a redeployment offer can negatively impact your EI eligibility.

If I'm offered a reassignment, when will the position's manager informed? Can I meet with them before deciding to accept the position?

• Managers will be aware of the redeployment recommendation. You can request a meeting with the manager to ask questions and get to know the role.

If I turn down an offer of redeployment, do I get my remaining notice pay?

• Yes, you are still entitled to your remaining notice pay.

If I choose redeployment, will I be told where I sit in ESC's redeployment queue?

• Yes, ESC will provide you with that information if you request it.

Bumping

If I'm affected by the bumping process, when will I be notified?

• An employee affected by bumping can only be notified once another employee accepts redeployment to the position. This could take days or weeks, so it's impossible to predict when bumping notifications will begin. In some cases, one bump results in another, so the full process could take weeks to months to fully play out.

If I'm displaced through the bumping process, what are my rights?

• Employees displaced through the bumping process are entitled to the same rights under the collective agreement, including paid notice. The only exception is for the fourth displaced individual, as outlined in Article 15.4.5.3 of the full-time contract, who is placed on the recall list.

Is there a chance that I could be redeployed and later bumped out of my new position?

• The Employment Stability Committee is aware of this danger. The College will be proceeding with layoffs in a systematic way, taking into account seniority and payband. The Committee will work as diligently as possible to prevent double-bumps, though non-ESC factors, such as a member returning from an extended long-term disability, could cause displacement.

Layoff articles in the Part-Time collective agreement do not apply to Casual, Student, Temporary, or Project of Non-Recurring Kind (PNRK) employees. 

Notice is given to the Local

The Local is notified before written notice is given to an affected employee (Article 18.2).

Written notice to the RPT employee 

The 21 (calendar) day notice period begins from the day you receive notice (Article 18.3). You are entitled to all regular wages during this time. You may or may not be required to continue working. 

Notice of reassignment

You have 2 days to accept the offered position or elect recall (18.5.2)

Waiving recall rights and taking severance

You can give up recall rights within 21 days of your written notice and accept severance (Article 18.8.1). This terminates your employment with the College.

Recall

If you choose to be placed on the recall list, or a new position is not available when you are given notice, you may spend up to 12 months on the recall list (Article 18.6). 

You are allowed to work elsewhere while on the recall list.

Layoff articles in the Full-Time collective agreement do not apply to Appendix D or Initiative/Opportunities (IO) employees. 

Notice is given to the Local
The Local is notified at least 14 days before written notice is given to an affected employee (Article 15.2)

Written notice to the Full-Time employee
The 90 (calendar) day notice period begins from the day you receive notice (Article 15.3.5.2). You are entitled to all regular wages and benefits during this time. You may or may not be required to continue working. 

Electing redeployment or severance
You have 5 days to choose to be redeployed or accept severance from the day you receive written notice. Accepting severance terminates your employment with the college. 

• Redeployment - You will be asked to provide an updated resume and skills portfolio to support the redeployment process.

• Severance - You will be paid a severance amount, unused and accrued vacation days, and any remaining wages in the 90-day notice period. 

Waiving recall rights and taking severance
You can give up recall rights within 21 days of your written notice and accept severance. This terminates your employment with the College. (Article 15.5.1 and LOU Article 15.5.1 - Severance Pay) 

Redeployment to a new home position
If your new home position has a lower payband than your previous position, you are entitled to 90 days at your previous rate of pay (Article 15.4.7), after which you receive the rate of pay of your new home position at the closest step progression that doesn't exceed your previous rate of pay.

Recall
If a new home position is not available when you receive notice and you choose redeployment, you are placed on the recall list. 

• Less than 2 years continuous employment - up to 12 months on recall

• More than 2 years continuous employment - up to 18 months on recall

You are allowed to work elsewhere while on recall. 

• You must respond to a redeployment notice within 7 days, or you will lose your seniority. (Article 15.10)

• If you accept a redeployment position but fail to return to work within 10 days, you will lose your seniority. (Article 15.10)

You are entitled to career counselling, job search assistance, and retraining through existing College services. Stay tuned for more details.

Consideration for Non-Bargaining Unit Work (Article 15.7.4)
If you have more than 5 years of seniority and are participating in Retraining under Article 15.7, you can request to be considered for work at Mohawk outside the FT Support Staff unit during non-study periods.

Postings at other colleges
The college will assist you in preparing a portfolio to facilitate placement in appropriate vacancies at another college.

Should the College with the vacancy hire you through this process, you will retain all past service for benefit entitlement and vacation only. This is NOT credited towards probation or seniority.

The hiring College may start you at a step higher than the start rate on the appropriate payband.

Participation in some retraining may impact your ability to claim Employment Insurance. Check with Service Canada before enrolling in any educational/training programs through ANY institution.

You are entitled to participate in courses offered by Mohawk for a fee of $20.00 plus ancillary fees and the cost of course materials. You must meet the admission requirements and are subject to academic policies.

You're entitled to retraining for 3 years from the notice date or until you are recalled.

If you are recalled, but have not completed a course you're enrolled in, the College must consider ways to enable you to complete the training.

The Employment Stability Fund pays for retraining.

Mohawk is extending the Employee Family Assistance Plan to laid-off employees. Services include mental health counselling, career counselling, and financial counselling. 

Login: TELUS Health

Username: Mohawk

Password: Learning1

• The Affordable Therapy Network is a Canada-wide directory of low-cost and sliding-scale therapists and counsellors from all different cultural and social communities. Services can be found online or in person. 

• Canadian Mental Health Association: Are you in Crisis? 

• 9-8-8 Suicide Crisis Helpline

Read about OPSEU's Hardship Fund and download the application here. Please remember the following when completing an application:

1. Documents must be included to support the application

2. Wage replacements are not funded.

3. Allow 30 days for your application to be reviewed and actioned by the committee.

4. The committee is made up of elected volunteers, and the OPSEU/SEFPO, and the statement of respect remains in effect during all communication.

5. Applications must be sent to R2Harship@opseu.org

• Workforce Planning Hamilton Job Board

• Employment Ontario

Stay tuned for updates about Income Tax Clinics with Solidarity Place Worker Education Centre.

Service Canada will be offering information sessions on Employment Insurance and Employment Ontario Job Supports on February 13th in the afternoon and February 14th in the morning. Information will sent by email.  

Important: Contact Service Canada before taking any education/training while receiving EI. Some schooling or training programs may impact your eligibility.

• Learn about and apply for Employment Insurance Benefits here.

• Use the EI Benefits Estimator here.

The CAAT Plan termination options provide flexibility and security so you can make the best choices for your retirement income.
Visit their Leaving Your Job web page here for more information.