DISCHARGE CASES Sample Clauses
The "Discharge Cases" clause defines the circumstances under which a party is released from its contractual obligations. Typically, this clause outlines specific events or conditions—such as completion of performance, mutual agreement, or the occurrence of a force majeure event—that result in the termination of duties for one or both parties. By clearly specifying when and how obligations end, the clause provides certainty and helps prevent disputes over lingering responsibilities after the contract has been fulfilled or otherwise terminated.
DISCHARGE CASES. If an employee believes that he has been unjustly discharged he may commence grievance procedure and it will be instituted at Step 2.
DISCHARGE CASES. (a) Once an employee, who has attained seniority status, has been discharged from his employment, the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.
(b) Where an employee has been discharged or suspended, he shall have the right to interview his shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension within seven (7) days and a copy shall be forwarded to the Union Office. The employee shall also be given the appropriate documents for employment insurance purposes.
(c) The Union acknowledges that the dismissal of a probationary employee may be carried out for reasons less serious than what would be justified for a non- probationary employee and may be carried out at the discretion of the Company at any time during the probationary period. The grievance procedure shall not apply to employees who have not attained seniority unless there is a claim that said decision to terminate is arbitrary, discriminatory or in bad faith.
9.02 Any grievance relating to a suspension or discharge shall be filed at Step No. 3 within five (5) days from the date the Union Office receives the written reasons for the suspension or discharge. Receipt of the written reasons shall be proven by means of a facsimile confirmation.
9.03 Grievances alleging unjust discharge may be settled by confirming the Company’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.
9.04 No discipline shall be taken after ten (10) days of the date of the incident giving rise to the discipline or the date on which the Company could reasonably have become aware of the incident, whichever is later. Furthermore, no entry shall be made on an employee's record regarding work performance or conduct, unless the matter is first discussed with the employee in the presence of his Union ▇▇▇▇▇▇▇ or the Union Business Agent. The employee may waive the assistance of the Union by doing so in writing in advance or at the time of the meeting. A copy of any adverse record shall be supplied to the employee and a copy shall be forwarded to the Union Office. Any written response by the employee and/or the Union shall be appended to such record and form part of said file.
9.05 Upon request by an employee, that employee's record w...
DISCHARGE CASES. A claim by a seniority employee that he has been discharged without reasonable cause shall be treated as a grievance and shall commence at Stage 3 of Article 8.05, provided a written grievance signed by the employee and his ▇▇▇▇▇▇▇ is presented to the District Manager within five (5) days after the discharge. The Staff Representative of the Union will be permitted to attend the meeting held pursuant thereto, with the Director of Operations or designate.
DISCHARGE CASES. 9.01 In the event of an employee who has attained seniority being discharged from employment or suspended, he/she shall have the right to interview a ▇▇▇▇▇▇▇ and/or Union Representative for a reasonable period of time before leaving the plant premises. If the employee feels that an injustice has been done, the case may be taken up as a grievance.
9.02 All such cases shall be taken up within three (3) working days and disposed of within seven (7) working days of the date the employee is notified of his discharge, except where a case is taken to arbitration. A claim by an employee who has attained seniority that he/she has been unjustly discharged from his employment shall be treated as a grievance if a written statement of such grievance, signed by the employee, is lodged with the Plant Manager or designate within three (3) working days after the employee is notified of his discharge. The Union will be notified of the name of the Plant Manager's designate on a current basis. All preliminary steps of the grievance procedure prior to Step No. 3 will be omitted in such cases.
9.03 Such special grievance may be settled by confirming the Management's action in dismissing the employee or by reinstating the employee in his/her former position with full seniority and compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or arbitrator, as the case may be.
9.04 A grievance involving the suspension of an employee may be settled by an arbitrator by confirming the Management's action in regard to the suspension, by declaring that the suspension was unjust and awarding compensation to the employee for time lost, or by any other arrangement which is just and equitable in the opinion of the Arbitrator.
DISCHARGE CASES. A claim by an employee who has completed the probationary period that the employee has been discharged without just cause, shall be treated as a grievance if a written statement of such grievance is lodged with the Director of Education or a designate at Step No. 3 of the grievance procedure within ten (10) working days after the employee ceases working for the Employer. Failing agreement at Step No. 3 of the grievance procedure, the matter may be submitted to an Arbitration Board as defined in Article 8. Such special grievances may be settled by:
(a) confirming the Employer's action in dismissing the employee; or
(b) reinstating the employee with full compensation for time lost; or
(c) any other arrangement which is just and equitable in the opinion of the conferring Parties or the Board of Arbitration provided said arrangement is consistent with the provisions of Article 8.06.
DISCHARGE CASES. A claim by an employee that he has been unjustly discharged from his employment shall be treated as a grievance if a written statement of such grievance is lodged with the Department Manager within five (5) working days after the employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to that outlined in Article 10.03, Step No. 3 will be omitted in such cases.
DISCHARGE CASES. A claim by an employee who has completed his/her probationary period that he/she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Board at Step No. 2 within five (5) working days after the discharge is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
(a) confirming the Board's action in dismissing the employee;
(b) by any other arrangement which may be deemed just and equitable.
DISCHARGE CASES. 10.01 In the event of an Employee who has attained seniority being discharged from employment, and the Employee feeling that an injustice has been done, the case may be taken up as a grievance.
10.02 All such grievances shall be filed within five (5) working days of the discharge with the Director of Employee and Labour Relations, or their designate. A grievance meeting shall be held within a further five (5) working days and the Director of Employee and Labour Relations, or their designate, shall render a decision in writing within five (5) working days of the grievance meeting. If the final settlement of the grievance is not arrived at it may be referred to an Arbitrator, as provided for in Article 7 within fifteen (15) days of when the decision was rendered. All preliminary steps of the grievance procedure prior to Step No.2 will be omitted in such case. The timelines contained in this article may be extended only by mutual consent of both parties.
10.03 Such special grievances may be settled by confirming management's action in dismissing the Employee, or by reinstating the Employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties.
10.04 When an Employee has been dismissed without notice, a member of the Grievance Committee shall have the right to interview the Employee before they leave the City (HSR)'s premises. An Employee who declines to be interviewed must sign a waiver form.
DISCHARGE CASES. A claim by a seniority employee that he has been discharged without cause shall be treated as a grievance and shall commence at Step 2 provided a written grievance signed by the employee and his ▇▇▇▇▇▇▇ is presented to the Mill Manager or his designate within seven (7) calendar days after the date of discharge.
DISCHARGE CASES. In the event an employee be discharged or laid off and he or she believes that he or she has been dealt an injustice, such discharge or lay-off shall constitute a case arising under the method of adjusting grievances herein provided. In the event it should be decided that an injustice has been dealt an employee, the Company shall reinstate such employee and pay full compensation for time lost, or any lesser amount as may be agreed upon between the Company and the Union or as may be determined by a Board of Arbitration.