Common use of DISCIPLINE OR DISMISSAL Clause in Contracts

DISCIPLINE OR DISMISSAL. 9.01 Discharge (a) confirming the Employer’s action in dismissing the employee, or (b) reinstating the employee with or without compensation for time lost less any unemployment insurance received by the employee which he is not obligated to repay and any additional compensation received from any source during the period from the date of his discharge to his reinstatement, or (c) by any other arrangement which may be deemed just and equitable by the parties or the Arbitration Board. (d) Ending employment and providing reasonable termination pay in lieu of notice. 9.02 Discipline or discharge of a probationary employee is not subject to the grievance or arbitration procedure, except where the action is motivated solely by bad faith on the part of the Employer. This constitutes a lesser standard for the purposes of the Ontario Labour Relations Act, and the parties agree that no arbitrator will have the remedial authority to reinstate a probationary employee save and except where there is jurisdiction for reinstatement under the Employment Standards Act, Occupational Health and Safety Act or the Ontario Human Rights Code. (a) When an employee is called to a meeting by the Employer where discipline or discharge will be imposed, the employee will be informed of the right to have a Union ▇▇▇▇▇▇▇ present. In the event of discipline, the interview will not proceed without a ▇▇▇▇▇▇▇ and this is mandatory although an employee may waive this right in writing in the presence of the ▇▇▇▇▇▇▇ if he or she wishes. In the case of a discharge, the meeting will not proceed without a ▇▇▇▇▇▇▇. (b) Where discipline or discharge is sent to an absent employee by letter rather than in person, the Union representative will be provided with a copy of the letter. (a) Where an employee maintains a record free from discipline for a period of twelve (12) months, all records of discipline (save and except for serious misconduct) will not be relied upon in future discipline. Discipline under the attendance management policy will be treated as a separate stream of discipline for the purposes of this provision except where the employee’s disciplinary record cumulatively is such that the attendance discipline is a culminating incident. (b) Serious misconduct includes but is not limited to: (i) material and detrimental breach of confidentiality; (ii) clear and obvious breach of the employee signed Code of Business Conduct and/or the conflict of interest policy; (iii) A clear finding of harassment or discrimination under the Ontario Human Rights Code; (iv) being under the influence of, or the use or possession during regular working hours of alcoholic beverages or non-prescription drugs; (v) violence in the workplace; (vi) use of a camera or recording device on any Ontario Lottery or other Gaming premises; (vii) possession of a weapon or explosive device on any Ontario Lottery or other Gaming premises; or (viii) threatening or intimidating any employee or customer of the Employer; (ix) knowingly making materially false statements or omissions on Employer or AGCO forms; (x) Leaving the premises with a sensitive key, lock or slot sensitive items (as defined by the AGCO) or a Mikohn Card for which the employee had direct accountability. 9.05 Certain offences are of such gravity and importance that they shall be deemed to justify immediate discharge. Where the dismissal of an employee is made the subject of a grievance which proceeds to arbitration and the dismissal is for one or more of these serious offences, the Employer shall only be required to establish that the employee committed the offence. If it is established that the employee committed the offence then the dismissal shall be deemed to be for just cause and the arbitration board shall have no power to alter or substitute the penalty. (i) clear and material involvement in a breach of AGCO regulations; (ii) theft from a co-worker, customer or from the Slots (iii) misappropriation of funds, embezzlement, or any other fraudulent actions; (iv) intentional damage, destruction, or sabotage of Employer or customer property; (v) convicted of violating any Federal, provincial, or local law while on or off duty which causes serious disrepute to the Employer (recognizing that an employee may be suspended without pay pending the outcome of his/her trial and recognizing the employee’s right to file a grievance); or (vi) an employee’s absence from work for three (3) shifts in any rolling twelve (12) month period without speaking in advance with their immediate supervisor (no-call / no show), except where a reason satisfactory to the Employer is provided both for the absence and for the inability to have the Employer contacted.

DISCIPLINE OR DISMISSAL. 9.01 Discharge (a) confirming the Employer’s action in dismissing the employee, or; (b) reinstating the employee with or without compensation for time lost less any unemployment insurance received by the employee which he is not obligated to repay and any additional compensation received from any source during the period from the date of his discharge to his reinstatement, or; (c) by any other arrangement which may be deemed just and equitable by the parties or the Arbitration Board.; (d) Ending ending employment and providing reasonable termination pay in lieu of notice. 9.02 Discipline or discharge of a probationary employee is not subject to the grievance or arbitration procedure, except where the action is motivated solely by bad faith on the part of the Employer. This constitutes a lesser standard for the purposes of the Ontario Labour Relations Act, and the parties agree that no arbitrator Arbitrator will have the remedial authority to reinstate a probationary employee save and except where there is jurisdiction for reinstatement under the Employment Standards Act, Occupational Health and Safety Act or the Ontario Human Rights Code. (a) When an employee is called to a meeting by the Employer where discipline or discharge will be imposed, the employee will be informed of the right to have a Union ▇▇▇▇▇▇▇ present. In the event of discipline, the interview will not proceed without a ▇▇▇▇▇▇▇ and this is mandatory although an employee may waive this right in writing in the presence of the ▇▇▇▇▇▇▇ if he or she wishes. The employee is expected to return to work immediately following a disciplinary meeting. In the case of a discharge, the meeting will not proceed without a ▇▇▇▇▇▇▇. On occasion, Stewards may be required to attend these meetings during a paid break. (b) Where discipline or discharge is sent to an absent employee by letter rather than in person, the Union representative Representative will be provided with a copy of the letter. (a) Where an employee maintains a record free from discipline for a period of twelve (12) months, all records of discipline (save and except for serious misconduct) will not be relied upon in future discipline. Discipline under the attendance management policy will be treated as a separate stream of discipline for the purposes of this provision except where the employee’s disciplinary record cumulatively is such that the attendance discipline is a culminating incident. (b) Serious misconduct includes but is not limited to: (i) material and detrimental breach of confidentiality; (ii) clear and obvious breach of the employee signed Code of Business Conduct and/or the conflict of interest policy; (iii) A a clear finding of harassment or discrimination under the Ontario Human Rights Code; (iv) being under the influence of, or the use or possession during regular working hours of alcoholic beverages or non-prescription drugs; (v) violence in the workplace; (vi) use of a camera or recording device on any Ontario Lottery or other Gaming premises; (vii) possession of a weapon or explosive device on any Ontario Lottery or other Gaming premises; or; (viii) threatening or intimidating any employee or customer of the Employer; (ix) knowingly making materially false statements or omissions on Employer or AGCO forms; (x) Leaving leaving the premises with a sensitive keyitems, lock such as but not limited to keys, cards, dice and patron information (or slot other sensitive items (as defined by the AGCO) or a Mikohn Card ), for which the employee had direct accountability. 9.05 Certain offences are of such gravity and importance that they shall be deemed to justify immediate discharge. Where the dismissal of an employee is made the subject of a grievance which proceeds to arbitration and the dismissal is for one theft, attempted theft, embezzlement or more of these serious offencesany other fraudulent actions (whether involving the Employer, coworkers or customers), the Employer shall only be required to must establish that the employee committed the offenceoffence and will do so on the basis of clear and cogent evidence. If it is established to an Arbitrator’s satisfaction that the employee committed the offence then the dismissal shall be deemed to be for just cause and the arbitration board shall have no power to alter or substitute the penalty. (i) clear and material involvement in a breach of AGCO regulations; (ii) theft from a co-worker. In discussions with the Union, customer or from the Slots (iii) misappropriation of funds, embezzlement, or any other fraudulent actions; (iv) intentional damage, destruction, or sabotage of Employer or customer property; (v) convicted of violating any Federal, provincial, or local law while on or off duty which causes serious disrepute to the Employer (recognizing that may impose a disciplinary penalty short of discharge for an employee may offence listed above, in light of the specific circumstances of the case and such penalty shall also not be suspended without pay pending subjected to an Arbitrator’s discretion. The imposition of such a penalty in one case shall not operate as a limit to management’s discretion to impose the outcome penalty of his/her trial and recognizing the employee’s right to file a grievance); or (vi) an employee’s absence from work for three (3) shifts discharge in any rolling twelve (12) month period without speaking in advance with their immediate supervisor (no-call / no show), except where a reason satisfactory to the Employer is provided both for the absence and for the inability to have the Employer contactedanother case.