FPSLREB Decisions

Severance pay - Layoff - Ceased to be an employee under subsection 30(4) of the Public Service Employment Act (PSEA) - Computer Systems Administration Group - the grievor was not appointed to a position in the year following her return to work after taking leave without pay for care and nurturing of preschool children - she ceased to be an employee under subsection 30(4) of the PSEA - she filed a grievance to obtain the severance pay provided for in her collective agreement - she alleged that she had been laid off within the meaning of the collective agreement because of a lack of work - the employer replied that the fact that she had ceased to be an employee was not a termination of employment recognized by the collective agreement and was not related to a layoff, since it had arisen as a result of the operation of the law - the adjudicator found that, in the circumstances, the fact that she had ceased to be an employee was equivalent to a lack of work and a layoff within the meaning of the collective agreement - the grievor was thus entitled to severance pay. Grievance allowed. Cases cited:Foster (166-2-27360).