Unionized Worker Cannot “Cherry Pick” Severance Entitlements

Length of service determined by collective agreement, not by statute
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 01/27/2011

Despite a four-year gap when he resigned his job near the middle of his 19-year career, a laid off worker grieved claiming he was entitled to severance for the total of his accumulated years of service according to the terms of the Employment Standards Act.

First hired in 1987, B.H. left his employer in 2000 for a four-year stint with another employer. B.H. returned to his original employer in 2004 and was laid off in 2010.

The employer paid B.H. termination and severance payments according to the terms of the collective agreement, based solely on his second, six-year term of employment.