Separation allowance

The grievor sought payment of separation pay after being declared surplus.

The bargaining agent representative explained that the grievor's position was devolved from the public service. The grievor made efforts on his own to secure a position with a separate employer. The representative maintained that the employer had not arranged contiguous employment for the grievor. The employer did not advise the grievor that he would be employed after his resignation date. There were no documents on file to indicate that the employer advised the grievor that he would be employed with the separate employer. The separate employer representative made the decision to hire the grievor over other candidates.

The departmental representative advised that the transfer of the position was deemed a devolution by the department. The grievor was advised that he was not entitled to separation benefits before he retired, because the employer had arranged contiguous employment for the grievor. Plans to secure a position for the grievor were under way -prior to the date he was declared surplus. The personnel coordinator indicated that discussions were taking place between the grievor and the separate employer representative in order to secure a position.

The Executive Committee considered and agreed with the majority report of the Work Force Adjustment Committee in that the grievor was not treated within the intent of the Directive. It was noted that there was no written evidence presented to confirm that the employer arranged contiguous employment.

The grievance was upheld.