Common use of DISCIPLINARY ACTION AND DISMISSAL Clause in Contracts

DISCIPLINARY ACTION AND DISMISSAL. 13.01 No Employee who has completed his/her probationary period shall be disciplined or dismissed except for just cause. In cases of dismissal and/or discipline, except in the case of probationary Employees, the burden of proof of just cause shall rest with the Employer. 13.02 The Employer shall notify an Employee of any expression of dissatisfaction which it considers to be bona fide and which relates to the Employee's job performance within thirty (30) days of becoming aware of the event giving rise to the complaint. Anonymous or hearsay material cannot form any part of a notice of an expression of dissatisfaction. This notice shall be in writing and shall be sent to the Employee by his/her Responsible Manager and shall include particulars, which led to such dissatisfaction and, if appropriate, may suggest measures to remedy the problem indicated. Whenever the Employer is of the opinion that the nature of the problem, if not remedied, is one that may lead to dismissal or other disciplinary action, the Employer shall include such warning in the notice. 13.03 When disciplinary action is to be taken against an Employee, he/she will be notified in writing of the cause and of the action taken, or to be taken, with a copy forwarded to the Union. 13.04 An Employee shall have the right to a meeting with the Vice-President, Academic and Research to respond to any matter relating to suspension or discharge. A Union representative shall be present at any meeting between the Employer and Employee involving discipline, suspension or dismissal. 13.05 Pending investigation, suspensions shall be paid. After investigation has been completed, suspension may be either paid or unpaid. Suspensions shall normally not exceed two weeks. Should unpaid suspension be deemed appropriate, Article 28.04 will apply as leave of absence without pay. 13.06 When an Employee alleges that he/she has been disciplined or dismissed in violation of Article 13.01, a grievance may be lodged in accordance with Article 11. In the case of a dismissal, if after the conclusion of the grievance procedures such Employee submits his/her grievance to arbitration, the parties shall endeavor to expedite processing of the case so that the arbitration decision is rendered within three months after the date of the dismissal. 13.07 When no discipline is imposed after disciplinary proceedings have been initiated, or if disciplinary action is set aside following grievance and/or arbitration, no records of such proceedings or actions shall be placed in or remain in an Employee's Official Personal File. 13.08 All records of disciplinary notices, warnings or suspensions and letters of complaint shall be removed from the Employee's Official Personal File after two (2) years have elapsed without further disciplinary action having been imposed. All records of expression of dissatisfaction or letters of complaint, which do not lead to disciplinary action shall not become a part of the Employee’s Official Personal File. 13.09 Employees shall have the right to refuse to perform the work of striking/locked out employees of the University. Subject to its other rights in such circumstances, the Employer agrees that it shall not take disciplinary action against an Employee for refusing to cross a legal picket line of employees at the University.

DISCIPLINARY ACTION AND DISMISSAL. 13.01 No Employee who has completed his/her probationary period 9.01 Employees subject to any disciplinary action, including a written notation of a verbal warning or a written warning, shall be disciplined or dismissed except for just cause. In cases have the right to the presence of dismissal and/or discipline, except in a Union committee member at the case of probationary Employees, time the burden of proof of just cause shall rest with the Employeraction is taken if she so wishes. 13.02 The Employer 9.02 In any matters that necessitate disciplinary action, it is agreed such action must be removed from an Employee’s file after twelve (12) months provided there have not been any just disciplines of the same nature during that time. A disciplinary notice removed from the Employees file shall notify an not be used against the Employee of in any expression of dissatisfaction which it considers to future supervisory actions. 9.03 Disciplinary action must be bona fide and which relates communicated to the Employee's job performance Employee concerned within thirty seven (307) working days of the Employer first becoming aware of the event incident. In order to be valid supervisory action or a grounds for further supervisory action, discipline must be communicated to the Employee in writing within ten (10) working days of the Employer first becoming aware of the incident giving rise to the complaint. Anonymous The written supervisory action must be signed or hearsay material cannot form any part initialled prior to going on the Employee’s file. The signature or initial of a notice the Employee shall in no way represent agreement or acceptance of an expression of dissatisfaction. This notice shall be in writing the supervisory action, and shall be sent deemed to merely represent knowledge of the written supervisory action being placed on the Employee’s file. A supervisory action not so signed or initialled shall be invalid. 9.04 A claim by an Employee that she has been dismissed without just cause shall be treated as a grievance if a written statement of such grievance is signed by the dismissed staff and delivered to the Employee Liaison Committee within fourteen (14) calendar days after notice of dismissal has been given by his/her Responsible Manager the Employer. The grievance shall proceed directly to Step 2 of the grievance procedure and the meeting therein provided shall include particularsoccur within ten (10) days of the receipt of the grievance in an attempt to settle the grievance. The grievance may be settled by confirming the Employer’s decision to dismiss the Employee, or alternatively where appropriate reinstatement with or without compensation or by any arrangement which led to such dissatisfaction and, if appropriate, may suggest measures to remedy is just and equitable in the problem indicated. Whenever opinion of the Employer is and the Union or a Board of Arbitration or Arbitrator established in accordance with the opinion that the nature arbitration provisions of the problem, if not remedied, is one that may lead to dismissal or other disciplinary action, the Employer shall include such warning in the noticethis Agreement. 13.03 When disciplinary action 9.05 It is to be taken against an Employee, he/she agreed the Union will be notified in writing of the cause and dismissal of any Employee at the action taken, or to be taken, with a copy forwarded to the Union. 13.04 An Employee shall have the right to a meeting with the Vice-President, Academic and Research to respond to any matter relating to suspension or discharge. A Union representative shall be present at any meeting between the Employer and Employee involving discipline, suspension or time of dismissal. 13.05 Pending investigation, suspensions shall be paid. After investigation has been completed, suspension may be either paid or unpaid. Suspensions shall normally not exceed two weeks. Should unpaid suspension be deemed appropriate, Article 28.04 will apply as leave of absence without pay. 13.06 When an Employee alleges that he/she has been disciplined or dismissed in violation of Article 13.01, a grievance may be lodged in accordance with Article 11. In the case of a dismissal, if after the conclusion of the grievance procedures such Employee submits his/her grievance to arbitration, the parties shall endeavor to expedite processing of the case so that the arbitration decision is rendered within three months after the date of the dismissal. 13.07 When no discipline is imposed after disciplinary proceedings have been initiated, or if disciplinary action is set aside following grievance and/or arbitration, no records of such proceedings or actions shall be placed in or remain in an Employee's Official Personal File. 13.08 All records of disciplinary notices, warnings or suspensions and letters of complaint shall be removed from the Employee's Official Personal File after two (2) years have elapsed without further disciplinary action having been imposed. All records of expression of dissatisfaction or letters of complaint, which do not lead to disciplinary action shall not become a part of the Employee’s Official Personal File. 13.09 Employees shall have the right to refuse to perform the work of striking/locked out employees of the University. Subject to its other rights in such circumstances, the Employer agrees that it shall not take disciplinary action against an Employee for refusing to cross a legal picket line of employees at the University.