Common use of Alternative Position Clause in Contracts

Alternative Position. (a) Where an employee does not receive an Offer of Appointment by Continuance under Clause 13.8, and the employee remains within their current Job Security Period, and: (i) An alternative position is or becomes available in the same session of the same academic year in the same Department; (ii) The alternative position provides the same or similar expected hours of work; (iii) The alternative position has the same classification and level; (iv) The employee is qualified for the alternative position; The Employer intends to fill the alternative position with a student; then the employee shall be offered the alternative position before the position is otherwise filled. (b) Employees who are appointed to an Alternate Position in accordance with subsection (a) above will not lose their Continuance rights over their original position. They will however be responsible to re-apply for the position the next time that it is offered in the session over which the employee has Continuance. The employee must advise the department that this application is a “continuance application”. Such employee will be given preference over other applicants. This clause will not apply to employees who are outside of their Job Security Period. (c) Employees who are appointed to an Alternate Position in accordance with subsection (a) above will not achieve Continuance rights over the new position. They may apply for that position the next time it is posted.

Alternative Position. (a) Where an employee does not receive an Offer of Appointment by Continuance under Clause 13.8, and the employee remains within their current Job Security Period, and: (i) An alternative position is or becomes available in the same session of the same academic year in the same Department; (ii) The alternative position provides the same or similar expected hours of work; (iii) The alternative position has the same classification and level; (iv) The employee is qualified for the alternative position; The Employer intends to fill the alternative position with a student; then the employee shall be offered the alternative position before the position is otherwise filled. (b) Employees who are appointed to an Alternate Position in accordance with subsection (a) above will not lose their Continuance rights over their original position. They will however be responsible to re-apply for the position the next time that it is offered in the session over which the employee has Continuance. The employee must advise the department that this application is a “continuance application”. Such employee will be given preference over other applicants. This clause will not apply to employees who are outside of their Job Security PeriodSecurity. (c) Employees who are appointed to an Alternate Position in accordance with subsection (a) above will not achieve Continuance rights over the new position. They may apply for that position the next time it is posted.