Re National Sea Products Co and CAW
Document Type
Arbitration Decision
Publication Date
2-7-1995
Keywords
Lay-off Status, Severance, Seasonal, Atlantic, Closure, Interpretation
Abstract
This grievance is brought by the Union to determine the effect of a previous award respecting lay-off resulting from closure of a fish processing plant. The Union claims that in calculating severance entitlement, the Employer has not distinguished between two types of lay-off. Due to the seasonal nature of the work, and the failure of the Atlantic fishery, most employees had been laid-off for a significantly longer period than this when the Employer announced closure of the plant. Consequently, by the Employer's calculation, severance pay is due to only about forty (40) employees out of a total workforce of 600-700. The Union protests that this rigorous interpretation could not have been the intention of the parties. This interpretation is open to abuse, allowing an employer to lay-off all employees six months before a closure, thus avoiding its obligations to remit severance pay.
Recommended Citation
Re National Sea Products Co and CAW (1995), 1995 CanLII 17435, 37 CLAS 389 (NSLA) (Arbitrator: Innis Christie).
Comments
Summary available on CanLii and at the Sir James Dunn Law Library via Canadian Labour Arbitration Summaries. Full text available online at WestlawEdge Canada and Lexis+ (subscription required).