Common use of DISCIPLINE AND DISCHARGE CASES Clause in Contracts

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP). 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4. 13:06 The Employer agrees that an employee must have his/her ▇▇▇▇▇▇▇ present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting. 13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP). 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 14:01 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five seven (57) working days after such discharge, be forwarded to the Secretary President of the Union and the Employee Relations ManagerUnion, which said Notice notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 14:02 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) working days from the date of notice to the President of the Union of such discharge and dealt with as herein hereinbefore provided in 11:01Article 12:01, Step 4. 13:06 14:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to them for breach of discipline within seven (7) working days of such disciplinary action having been taken by the Employer. A copy of such written notice shall within seven (7) working days be forwarded to the President of the Union. 14:04 The Employer agrees that an employee must have his/her ▇▇▇▇▇▇▇ their Union Representative(s) present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is they are disciplined and/or discharged or when the same is reasonably required. In instances where it has been determined that a Union Representative is not reasonably required, the employee may excuse themselves from such meeting and seek third party assistance (Human Resources or Union) where it becomes apparent at the meeting that same is reasonably required. While the University makes the initial decision as to what is “reasonable”, such decision may be grieved by the Union and arbitrated, if necessary. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge suspend an employee temporarily with pay, pending investigation and disposition of the matter without the a ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ their Union Representative within a 48 48-hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingsuspension pending investigation. 13:07 14:05 The record of an employee shall not be used against him/her in them when twenty-four (24) months have elapsed since the following instances: When issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. These letters shall be removed from their file and returned to the employee provided twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP). 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five seven (57) working days after such discharge, be forwarded to the Secretary President of the Union and the Employee Relations ManagerUnion, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 13:02 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) working days from the date of notice to the President of the Union of such discharge and dealt with as herein hereinbefore provided in 11:01, Step 4. 13:06 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to them for breach of discipline within seven (7) working days of such disciplinary action having been taken by the Employer. A copy of such written notice shall within seven (7) working days be forwarded to the President of the Union. 13:04 The Employer agrees that an employee must have his/her ▇▇▇▇▇▇▇ their Union Representative(s) present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is they are disciplined and/or discharged or when the same is reasonably required. In instances where it has been determined that a Union Representative is not reasonably required, the employee may excuse themselves from such meeting and seek third party assistance (Human Resources or Union) where it becomes apparent at the meeting that same is reasonably required. While the University makes the initial decision as to what is “reasonable”, such decision may be grieved by the Union and arbitrated, if necessary. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge suspend an employee temporarily with pay, pending investigation and disposition of the matter without the a ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ their Union Representative within a 48 48-hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingsuspension pending investigation. 13:07 13:05 The record of an employee shall not be used against him/her in them when twenty-four (24) months have elapsed since the following instances: When issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. These letters shall be removed from their file and returned to the employee provided twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP). 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five seven (57) working days after such discharge, be forwarded to the Secretary President of the Union and the Employee Relations ManagerUnion, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 13:02 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) working days from the date of notice to the President of the Union of such discharge and dealt with as herein hereinbefore provided in 11:01, Step 4. 13:06 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within seven (7) working days of such disciplinary action having been taken by the Employer. A copy of such written notice shall within seven (7) working days be forwarded to the President of the Union. 13:04 The Employer agrees that an employee must have his/her ▇▇▇▇▇▇▇ Union Representative(s) present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged or when the same is reasonably required. In instances where it has been determined that a Union Representative is not reasonably required, the employee may excuse themselves from such meeting and seek third party assistance (Human Resources or Union) where it becomes apparent at the meeting that same is reasonably required. While the University makes the initial decision as to what is “reasonable”, such decision may be grieved by the Union and arbitrated, if necessary. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge suspend an employee temporarily with pay, pending investigation and disposition of the matter without the a ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ Union Representative within a 48 48-hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingsuspension pending investigation. 13:07 13:05 The record of an employee shall not be used against him/her in when twenty-four (24) months have elapsed since the following instances: When issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. These letters shall be removed from his/her file and returned to the employee provided twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and 26.01 A Union representative shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP). 13:03 An employee who is disciplined informed by the Employer of the discharge of an employee not later than the time the employee is so notified. 26.02 In the event that an employee has been discharged or suspended and alleges that she has been unjustly dealt with, she may ask for and shall receive from the Employer the reasons for her dismissal or suspension. 26.03 A grievance over the dismissal or suspension of a non- probationary employee may be taken up at Step 2 of the Grievance Procedure omitting Step 1. 26.04 Any discharge or suspension grievance may be settled by an arrangement which, in the opinion of the parties, is just and equitable. 26.05 A claim by a non-probationary employee or the Union that she has been unjustly discharged or suspended from her employment shall be given treated as a grievance if a written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days statement of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who grievance is discharged by lodged with the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such dischargethe employee is informed of the discharge or suspension. 26.06 The Employer will consider written warnings, not confirming a suspension, against an employee as cleared from her record after a twelve (12) month period from the date of issuance, provided that there has been no further disciplinary action of the same infraction taken against the employee during that period. If the employee has not worked any shifts for a period of three (3) months or more during the twelve (12) month period, the twelve (12) month period can be forwarded extended for the length of the absence. 26.07 An employee shall have the right to the Secretary presence of a Union ▇▇▇▇▇▇▇, upon request, at any meeting with the Employer at which disciplinary action will be imposed. 26.08 The Employer and the Union agree that certain offences are of such gravity and importance that the Employee Relations Manager, which said Notice shall contain Employer may impose the reason specific penalty of discharge on the offending employee. Therefore it is agreed that the following specific causes will be conclusively deemed to be sufficient for the discharge of an employee but will not deprive the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 Any claim , who has completed her probationary period, of wrongful discharge may be submitted access to the grievance and arbitration procedures within five (5in this Collective Agreement. No employee will be terminated for these reasons until they have been found guilty or the case has been arbitrated and a potential termination has been upheld: a) days releasing confidential information about a client to unauthorized persons; b) consuming alcoholic beverages on the job or being under the influence of alcohol, on the job; c) assaulting or abusing a client or caregiver or family member; d) theft of property from a client, caregiver/family member or the date of such discharge and dealt with as herein provided in 11:01, Step 4Employer. 13:06 The Employer agrees that an employee must have his/her ▇▇▇▇▇▇▇ present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ within a 48 hour period following the initial action. 26.09 The Employer will make every effort provide a copy of Home Support Worker (HSW) and Personal Support Worker (PSW) current and future job descriptions as they change to apprise the Union representative attending a discipline and/or discharge meeting President of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingUnion. 13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP). 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4. 13:06 The Employer agrees that an employee must have has the option of having his/her ▇▇▇▇▇▇▇ present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting. 13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognize, except in the case of gross misconduct, the principle of progressive discipline and 25.01 A Union representative shall utilize such an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future service. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP). 13:03 An employee who is disciplined informed by the Employer of the discharge of an employee not later than the time the employee is so notified. 25.02 In the event that an employee has been discharged or suspended and alleges that she has been unjustly dealt with, she may ask for and shall receive from the Employer the reasons for her dismissal or suspension. 25.03 A grievance over the dismissal or suspension of a non- probationary employee may be taken up at Step 2 of the Grievance Procedure omitting Step 1. 25.04 Any discharge or suspension grievance may be settled by an arrangement which, in the opinion of the parties, is just and equitable. 25.05 A claim by a non-probationary employee or the Union that she has been unjustly discharged or suspended from her employment shall be given treated as a grievance if a written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days statement of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who grievance is discharged by lodged with the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such dischargethe employee is informed of the discharge or suspension. 25.06 The Employer will consider written warnings, not including a suspension, as cleared from her record after a twelve (12) month period from the date of issuance, provided that there has been no further disciplinary action of the same infraction taken against the employee during that period. If the employee has not worked any shifts for a period of three (3) months or more during the twelve (12) month period, the twelve (12) month period can be forwarded extended for the length of the absence. The time written warnings are on an employee’s file shall be increased by the time of any leave of absence. 25.07 An employee shall have the right to the Secretary presence of a Union ▇▇▇▇▇▇▇, upon request, at any meeting with the Employer at which disciplinary action will be imposed. 25.08 The Employer and the Union agree that certain offences are of such gravity and importance that the Employee Relations Manager, which said Notice shall contain Employer may impose the reason specific penalty of discharge on the offending employee. Therefore it is agreed that the following specific causes will be conclusively deemed to be sufficient for the discharge of an employee but will not deprive the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 Any claim , who has completed her probationary period, of wrongful discharge may be submitted access to the grievance and arbitration procedures within five (5in this Collective Agreement. No employee will be terminated for these reasons until they have been found guilty or the case has been arbitrated and a potential termination has been upheld: a) days releasing confidential information about a client to unauthorized persons; b) consuming alcoholic beverages on the job or being under the influence of alcohol, on the job; c) assaulting or abusing a client or caregiver or family member; d) theft of property from a client, caregiver/family member or the date of such discharge and dealt with as herein provided in 11:01, Step 4Employer. 13:06 The Employer agrees that an employee must have his/her ▇▇▇▇▇▇▇ present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ within a 48 hour period following the initial action. 25.09 The Employer will make every effort provide a copy of Home Support Worker (HSW) and Personal Support Worker (PSW) current and future job descriptions as they change to apprise the Union representative attending a discipline and/or discharge meeting President of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingUnion. 13:07 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognizeAn employee who is discharged by the Employer shall, except in as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the case Secretary of gross misconductthe Union, which said Notice shall contain the principle reason for the discharge of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary responsethe said employee. The objective of progressive discipline is failure to ensure that give such notice within the person whose behaviour is of concern receives fair and adequate opportunity to respond to time prescribed shall not invalidate the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future servicedischarge. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence Any claim of wrongful discharge may be submitted to the progressive discipline model is inappropriategrievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP)Step 4. 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4. 13:06 The Employer agrees that an employee must have has the option of having his/her ▇▇▇▇▇▇▇ present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting. 13:07 13:05 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 13:06 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially substa ntially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 The parties recognizeAn employee who is discharged by the Employer shall, except in as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the case Secretary of gross misconductthe Union, which said Notice shall contain the principle reason for the discharge of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary responsethe said employee. The objective of progressive discipline is failure to ensure that give such notice within the person whose behaviour is of concern receives fair and adequate opportunity to respond to time prescribed shall not invalidate the concern and where appropriate, improve behaviour. The purpose of any action will be to correct a problem; prevent recurrence; or prepare individuals for successful future servicedischarge. 13:02 Disciplinary action for repeated and/or ongoing incidents should progress from verbal reprimands, to written reprimands, to suspension from employment and finally, discharge. In situations which are so serious that a strict adherence Any claim of wrongful discharge may be submitted to the progressive discipline model is inappropriategrievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, more serious action may be warranted. At each stage of progressive discipline, the Employer may advise the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP)Step 4. 13:03 An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employer, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided in 11:01, Step 4. 13:06 The Employer agrees that an employee must have has the option of having his/her ▇▇▇▇▇▇▇ present whenever he/she is interviewed or questioned as part of any investigation pertaining to themself or whenever he/she is disciplined and/or discharged discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ within a 48 hour period following the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against the employee and the reasons for the meeting. When requested, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meeting. 13:07 13:05 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 13:06 The Employer may discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a non-probationary Employee. 13:09 Any employee suspended pending the results of an investigation of alleged wrong-doing shall retain full pay and all benefits during the entire period of investigation.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE CASES. 13:01 Section 1: In the event an employee under the jurisdiction of the bargaining unit shall be suspended or discharged for disciplinary reasons or is discharged from employment after the date hereof and believes he/she has been unjustly suspended or discharged, such suspension or discharge shall constitute a case arising under the grievance procedure provided a written grievance with respect thereto is presented at the second step of the grievance procedure to the Juvenile Home Administrator or his/her designated representative within three (3) regularly scheduled working days after such discharge or suspension. Section 2: Upon request, an employee shall have a Union representative present at an investigatory meeting which the employee believes could lead to disciplinary action. Unless otherwise requested, an employee shall have a Union representative present when he/she is disciplined. The parties recognize, except in Union representative shall be allowed a brief period of time to confer with the case of gross misconductemployee prior to the disciplinary meeting. At the disciplinary meeting, the principle of progressive discipline and shall utilize such employee will be provided an approach when addressing issues requiring a disciplinary response. The objective of progressive discipline is to ensure that the person whose behaviour is of concern receives fair and adequate opportunity to respond to respond. Copies of the concern and where appropriate, improve behaviour. The purpose of any disciplinary action will be provided to correct a problem; prevent recurrence; or prepare individuals for successful future servicethe employee and Union representative before the disciplinary meeting ends. 13:02 Disciplinary action for repeated and/or ongoing incidents Section 3: In the event it should progress from verbal reprimandsbe decided under the grievance procedure that the employee was unjustly suspended or discharged, to written reprimandsthe Employer shall reinstate such employee and grant full, to suspension from employment and finallypartial or no compensation as may be decided under the grievance procedure, dischargewhich compensation, if any, shall be at the employee's regular rate of pay at the time of such discharge or the start of suspensions. Section 4: Use of past records. In situations which are so serious that a strict adherence to the progressive discipline model is inappropriate, more serious action may be warranted. At each stage of progressive imposing any discipline, the Employer may advise use only official reprimands/warnings within the employee of the various supports available, where appropriate, such as the Employee Assistance Program (EAP)past 24 months. 13:03 Section 5: An employee who is disciplined by the Employer shall be given written notice thereof containing any warning issued to him/her for breach of discipline within five (5) days of such disciplinary action having been taken by the Employerreceive a copy, provided however that the failure to give such notice within the time prescribed shall not invalidate the disciplinary action. 13:04 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and with a copy of such notice shall, within five (5) days after such discharge, be forwarded to the Secretary proper union representative, of the Union and the Employee Relations Manager, which said Notice shall contain the reason for the discharge of the said employee. The failure to give such notice within the time prescribed shall not invalidate the discharge. 13:05 Any claim of wrongful discharge may be submitted to the grievance and arbitration procedures within five (5) days from the date of such discharge and dealt with as herein provided any written reprimand placed in 11:01, Step 4. 13:06 The Employer agrees that an employee must have his/her ▇▇▇▇▇▇▇ present whenever he/she is interviewed or questioned personnel file which could be construed as part of any investigation pertaining detrimental to themself or whenever he/she is disciplined and/or discharged . The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the ▇▇▇▇▇▇▇ present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and his/her ▇▇▇▇▇▇▇ within a 48 hour period following future promotion, transfer, present or future employment; and in the initial action. The Employer will make every effort to apprise the Union representative attending a discipline and/or discharge meeting of the allegations against event the employee and believes said written reprimand is unjust or without cause, a grievance may be filed at Step 1of the reasons for the meeting. When requestedprocedure provided in Article 10, time will be provided for consultation between the Union representative and the employee prior to the commencement of the meetingabove. 13:07 The record Section 6: In imposing discipline, the employer shall utilize the concept of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of reprimand, provided there has been no recurrence of a similar and/or other infraction. 13:08 The Employer may progressive discipline or discharge a probationary Employee for just cause, subject to the grievance procedure. It is agreed that the standard of just cause applicable to a probationary Employee is substantially less than that which applies to a all non-probationary Employeeemployees. 13:09 Section 7: It is understood and agreed that when an employee files a grievance with respect to his/her disciplinary action, suspension or discharge, the act of filing such grievance shall constitute the employee's authorization of the County to reveal to the participants in the grievance procedure any and all information available to the County concerning the alleged offense and such filing shall further constitute a release of the County from any and all claimed liability by reason of such disclosure. Section 8: Any employee suspended pending covered by this Agreement may view the results contents of an investigation his/her personnel file in the Human Resources office in the presence of alleged wrong-doing shall retain full pay and all benefits during a member of the entire period of investigationHuman Resources staff at any reasonable time, upon request. Section 1: Seniority.‌

Appears in 1 contract

Sources: Collective Bargaining Agreement