Discharge or Suspension Cases Clause Samples
The "Discharge or Suspension Cases" clause outlines the procedures and rights related to situations where an employee is either terminated or temporarily removed from their duties. Typically, this clause specifies the steps that must be followed by both the employer and the employee, such as notification requirements, investigation processes, and the opportunity for the employee to respond or appeal the decision. Its core practical function is to ensure fairness and due process in disciplinary actions, protecting both the employer's ability to enforce workplace standards and the employee's right to contest potentially unjust actions.
Discharge or Suspension Cases. Notwithstanding anything in this Agreement, no dispute as to the suspension or discharge of an employee who has not completed the probationary period shall be considered under the grievance procedure or otherwise as such suspension or discharge will be in the sole discretion of management and will not constitute a dispute between the parties. This provision does not apply if the dispute involves an alleged breach of the Human Rights Code.
Discharge or Suspension Cases. 13.01 The Company shall notify the Business Manager immediately of the reason for the discharge or suspension of any Employee covered by this Agreement. The Employee concerned shall have the right to be present when his case is discussed.
13.02 If a Regular Employee with seniority rights believes that he/she has been suspended or discharged without just cause, the matter may be taken up as a Step 3 grievance under Article 11 of this Agreement. Any such grievance shall be rendered to the General Manager within three (3) working days after the Regular Employee has been advised that he/she has been suspended or discharged from the Company, and the matter shall be disposed of within seven (7) working days of the time the General Manager received notice of the grievance, except where the grievance is being referred to arbitration.
Discharge or Suspension Cases. 9.01 A claim by an employee that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Chief Administrative Officer within five (5) days after the discharge, or within five (5) days after the Union and the Chief ▇▇▇▇▇▇▇ have been notified in writing of the discharge, whichever is the later. Such special grievance shall be dealt with at Step 3 and the balance of the Grievance Procedure.
9.02 Such special grievance may be settled by confirming the Corporation’s action 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, including Arbitration.
9.03 A claim by an employee that they have been unjustly suspended shall be treated as a grievance if such grievance is lodged with the Department Head within five (5) days after the suspension, or within five (5) days after the Union and Chief ▇▇▇▇▇▇▇ have been notified in writing of the suspension, whichever is the later. Such special grievance shall be dealt with at Step 2 and the balance of the Grievance Procedure.
9.04 The Corporation will notify the Union, the Chief ▇▇▇▇▇▇▇ and the employee concerned, in writing in all discharge and suspension cases within five (5) days of the occurrence, or within five (5) days of the Corporation having knowledge of the incident upon which the discharge or suspension is based, unless the Corporation requests an extension, in writing, of the above period, the extension will be granted for five (5) days from the date of the request. The notification will give the name of the employee concerned and the reason for discharge or suspension.
Discharge or Suspension Cases. 10:01 The Employer shall not discharge any seniority employee without just cause. The Employer shall direct a letter to the employee concerned, stating its reasons for any discharge or suspension. A copy of the letter of discharge or suspension will be supplied to the Union at the same time. A claim of discharge without just cause must be submitted to the Grievance Procedure in accordance with Article 9 and such filing will be deemed to be at Step 2 of said Grievance Procedure and shall be dealt with as therein provided.
Discharge or Suspension Cases. A claim by an employee that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Chief Administrative Officer within five (5) days after the discharge, or within five (5) days after the Union and the Chief ▇▇▇▇▇▇▇ have been notified in writing of the discharge, whichever is the later. Such special grievance shall be dealt with at Step and the balance of the Grievance Procedure. Such special grievance may be settled by confirming the Corporation’s action or by reinstating the employee with full compensation for time lost or by any other arrangement which isjust and equitablein the opinion of the conferring parties, including Arbitration. A claim by an employee that he has been unjustly suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Department Head within five (5) days after the suspension, or within five (5) days after the Union and Chief ▇▇▇▇▇▇▇ have been notified in writing of the suspension, whichever is the later. Such special grievance shall be dealt with at Step and the balance of the Grievance
Discharge or Suspension Cases. A claim by a seniority employee that he has been discharged or suspended shall be treated as a grievance and shall commence at Step 2 of Article 7.05 provided a written grievance signed by the employee and his ▇▇▇▇▇▇▇ is presented to the designated officials of the Company within three (3) working days after the discharge or suspension. The Union shall not question the discharge or suspension of any probationary employee nor shall such discharge or suspension be the subject of a grievance. The Company will issue to the employee being discharged or suspended a notice of discharge or suspension stating the reason for discharge or suspension. The Company will also provide the Union with a copy of such notice.
Discharge or Suspension Cases. Any non-probationary employee who has been found to be discharged or suspended without just cause and who is reinstated as a result of a grievance or arbitration procedure shall not lose his/her seniority rights and shall be reimbursed for loss of earnings resulting from such discharge or suspension, or any other decision as determined by the Arbitrator.
Discharge or Suspension Cases. A claim by an employee who has completed the probationary period that he/she has been discharged or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Director of Human Resources at Step #2 of the Grievance Procedure as outlined in Article 9.02 within fifteen (15) working days after the employee ceases working for the Society and for the purposes of this Article, Step #1 as outlined in Article 9.02 shall be waived. Such special grievances may be settled by mutual agreement at any time including after the release of the arbitration award by:
Discharge or Suspension Cases. PROBATIONARY PERIOD, CLASSIFICATIONS AND ARTICLE 12 SENIORITY.. .................................
Discharge or Suspension Cases. The Employer shall not discharge any seniority employee without just cause. The Employer shall direct a letter to the employee concerned, stating its reasons for any discharge or suspension. A copy of the letter of discharge or suspension will be supplied to the Union at the same time. A claim of discharge without just cause must be submitted to the Grievance Procedure in accordance with Article and such tiling will be deemed to be at Step of said Grievance Procedure and shall be dealt with as therein provided. Discipline Whenever the Employer deems it necessary to give an employee a warning which is to become part of that employee's record, such warning shall be given to the employee in writing and shall be discussed with the employee personally and privately. However, the employee shall be advised of the purpose of such a meeting in advance, and shall have the right to request the assistance of a committeeperson, or an officer or National Representative of the Union, and the meeting shall then not proceed until one of the foregoing persons is available to be present. The Employer will deliver a letter to an employee being disciplined, setting out the nature of the offence and the discipline being imposed within ten days of the disciplinary meeting. A copy of such letter will be sent the Union Chairperson at the time as it is sent to the employee. Any letter of reprimand, suspension or other sanction will be removed from the record of an employee eighteen (18) months following the receipt of such letter, suspension or other sanction, provided that the employee's record has been discipline free for that eighteen 8) month period. The parties agree that a sole arbitrator shall resolve all that have been processed to arbitration in accordance with this article and all other provisions referring to an Arbitration Board shall appropriately apply. The parties agree to develop a roster of four (4) arbitrators. such list to be established by mutual agreement of the parties. Grievances will be referred for hearing to one of the arbitrators on the roster, in rotation. Notwithstanding the foregoing, if either party wishes to utilize a Board of Arbitration, they shall notify the other party of same and at the same time name a nominee. Within seven (7) calendar days thereafter, the other party shall name a nominee, provided however, that if such party fails to a nominee as herein required, the of Arbitration of the Ministry of Labour of the Province of Ontario shall ha...