QUESTIONS and ANSWERS ABOUT LAYOFF and RECALL FOR REGULAR FACULTY

This is a brief overview. Please contact your Union representative or a Human Resources Manager if you have any questions, or consult your collective agreement.

1. What are the Reasons Layoffs Can Occur? (See Article 7.01)

  • Due to technological change
  • Shortage of operating funds
  • Elimination or reduction of programs or courses or services
  • Decline in enrolment
  • External decision or recommendation
  • Changing demand for employer services

2. What Notice of Layoff is Given? (See Article 7.09)

Written notice is provided (with a copy to the Union) five (5) months in advance of the layoff.

3. Who Gets Laid Off and in What Order? (See Article 7.02)

Within the discipline/program regular faculty will not be laid off until non-regular work for which they are qualified is re-assigned.

The decision about layoff within a discipline/program is made on the basis of least total FTE service. If the remaining faculty members in the discipline/program do not have the necessary qualifications, experience and abilities to instruct the remaining courses or perform the remaining services, the determination of who gets laid off will recommence with the faculty member with the next to least FTE service.

4. What is the Process for Exploring Other Job Possibilities at Kwantlen? (See Article 7.03 and 7.04)

The minimum qualifications document listed in Policy G7 (Faculty Recruitment) is useful for exploring job possibilities in other areas.

Faculty members who are interested in alternate job possibilities should meet with the vice-president for that area (or designate). That administrator will obtain advice from the relevant discipline/program Search Committee as to whether the faculty member could be re-assigned, based on his/her qualifications, experience and abilities.

5. How Does Reassignment Occur? (See Article 7.05 and 7.06)

Reassignment could occur if there is a posted vacancy for a regular position or sufficient ongoing non-regular work to provide regular status at 50% or greater.

If reassignment occurs, there is a one year probation period.

6. What is the Process for Exploring Other Job Possibilities in the B.C. College System? (See Letter of Understanding #11)

Laid off faculty may be listed on the Post Secondary Employers’ Association Registry for up to two years. Contact the Union or Human Resources for the Registry Form or see Appendix C Form 2 in the Faculty Collective Agreement.

It is the responsibility of faculty listed on the Registry to enquire about and apply for available work. They must tell the institution at the time of application that they are a registrant on the Registry (since registrants have specified rights as set out in LOU#14).

7. What Recall is Available After Layoff Has Occurred?

Regular faculty are eligible for recall for two years. See Article 7.08(a).

If laid off faculty are on the qualified faculty list, they shall be offered the non-regular work they are qualified for. See Article 4.04(d).

If there is a vacancy for a regular position in the discipline/program, it shall be offered to faculty on recall who have the necessary qualifications, experience and abilities for the position in reverse order of layoff. See Article 7.08(a).

8. How Will Being Offered Non-regular Recall Affect Me? (See Article 4.04 (d))

If you accept the non-regular work, you will be paid at the appropriate rate of pay for non-regular work. You remain eligible for recall to a regular position.

If you decline the non-regular work, your right to recall to a regular position is not affected.

9. What if no Reassignment Occurs? (See Article 7.07 (a))

Layoff occurs and the faculty member is paid one month of severance pay for every full year of FTE service to a maximum of 10 months of severance pay.

Statutory deductions (eg. Income tax, EI, CPP) would be made from the severance payment.

10. What Benefits are Available While on Layoff? (See Article 7.08 (c))

Faculty members are not entitled to health and welfare benefits or vacation pay.

11. What About Employment Insurance?

Normally someone receiving severance is not eligible to receive EI immediately. Call Human Resources Development Canada at (604) 682-5400 for further information.

12. What if Severance Has Been Paid and Then Recall Occurs? (See Article 7.07 (b))

Repayment is required at the rate of one month of severance pay (at the rate paid) for each year of full-time employment subsequent to the date of recall.

13. What About Partial Layoff or Reduction in Workload? (See Article 7.11)

Regular faculty who are partially laid off get right of first refusal for unassigned non-regular work for which they qualify until their original regular workload is attained.

If there is no other unassigned non-regular work, or if their workload falls below 50%, the faculty member can choose to continue as regular at that workload or choose to be laid off and paid severance.

Faculty who are partially laid off have the option to use severance to top up their salary, and to pay their health and welfare (i.e. medical, extended heath and dental) and pension benefits for a maximum of two years from the date of partial layoff. (See Letter of Understanding # 7.)

14. What Assistance Can I Get?

The Employee Assistance Program is available for confidential counseling on personal or financial issues. Call 1.800.387.4765.

The Kwantlen Faculty Association can be reached at 604.599.2200.

If you have any questions on this material, please contact the Human Resources Consultant for your area.