Originally Posted by
angryrat
You are right, apologies for my loose terminology, it’s an agreement not an award.
Now in regards to your payout, my opinion is you are wrong.
15.10.4 clearly states
“that the combined period of notice and the redundancy entitlement specified in clause 15.10.5 will not be less than 26 weeks.”
Then 15.10.6 states,
”For the purposes of this clause 15.10, ‘a week’s pay’ means the applicable MGH for a full time pilot multiplied by the hourly rate but does not include AFDP or allowances.”
So a minimum of 26 weeks combined and a weeks pay defined.
If we wanted to use your interpretative opinion, then you are still wrong for anyone in the company whose entitlement is less than 13 weeks.
15.10.4(a) states,
“The Company must give a pilot at least three (3) months’ notice of termination due to redundancy provided”
That is at least 3 months notice. Since the minimum combined period of notice and redundancy entitlement is 26 weeks, then using your interpretive opinion, they could pay 4 weeks(plus AL/LSL) to those who are entitled to the minimum of 4 weeks pay and give you 22 weeks notice.
Either way you are wrong, but my opinion is not less than 26 weeks pay.
You might want to check your maths there.
You get three months notice (on which you will accrue leave because you’re still employed) and three months pay (on which you won’t). You don’t get the leave accrual on both the notice period and the payout amount because you aren’t employed for the 3 months payout.