EMPLOYEE DISCIPLINARY PROCEDURES Clause Samples
The Employee Disciplinary Procedures clause outlines the steps an employer will follow when addressing employee misconduct or performance issues. Typically, this clause details a progressive process that may include verbal warnings, written warnings, suspension, and ultimately termination if the behavior does not improve. By establishing a clear and consistent framework for handling disciplinary matters, this clause ensures fairness, transparency, and legal compliance in the workplace, while also providing employees with opportunities to correct their actions before more severe consequences are imposed.
EMPLOYEE DISCIPLINARY PROCEDURES. 30 A. Basis for Disciplinary Action. 30 B. Types of Discipline. 30 C. Response to a Written Reprimand. 30
EMPLOYEE DISCIPLINARY PROCEDURES. 5.1 The procedure for discipline and discharge shall be in accordance with the Policies and Procedures of the Department as issued by the Chief of Police, or designee, or as contained in this Agreement, or Florida Statute Chapter 112, et. Seq.
5.2 Complaints and Initial Notice of Inquiry (INOI) against employees will be accompanied by a sworn written statement indicating the allegations are true to the best of the complaining party's knowledge. However, it is agreed that no sworn written statement is required when the complaining or initiating party is a member of the judiciary, OPD, or from any governmental agency/officer or when, under law, the case must be forwarded to the Criminal Justice Standards and Training Commission (CJSTC). All oral testimony given in an interview conducted by the Internal Affairs Section investigators shall be sworn testimony.
A. Employees shall be allowed five (5) business days, excluding contractual holidays, to review the completed INOI and provide a written response to the investigation prior to any initial recommendation from the employee's supervisor(s). Additional time for response, not to exceed five (5) additional business days, may be granted by the Department’s Labor Advisor. Employees who provide a written response are to comment only upon the facts or lack of facts contained in the investigation.
A. If an employee wishes to have a meeting to discuss resolution of charges, they may request this in writing, using the appended form, at any time up to and during the five (5) day review period. The request to discuss resolution of charges shall include an agreement to toll the investigation to allow for the resolution of charges process. The investigation shall cease to be tolled upon the completion of the resolution of charges process or after ten (10) business days have elapsed from the date of the request, whichever comes first. The meeting will be attended by the employee, and if he requests, the employee shall be represented by a union representative and/or counsel, the internal affairs investigator assigned to the investigation concerning the employee, the Deputy Chief through whom the employee’s chain of command runs, and any other person deemed necessary by the Deputy Chief. The Deputy Chief may elect not to hear the resolution of charges and in that case, the discipline recommendation shall proceed through the employees’ chain of command.
B. The purpose of the meeting will be to discuss potential discipline and...
EMPLOYEE DISCIPLINARY PROCEDURES. 7.1 Investigations and discipline will be administered in accordance with the procedures outlined in Orlando Fire Department General Order Incident Reporting and Investigative System (I.R.I.S.).
EMPLOYEE DISCIPLINARY PROCEDURES. Disciplinary actions shall normally be progressive in accordance with the following order; however, disciplinary action may be taken out of order depending on the severity of the infraction.
EMPLOYEE DISCIPLINARY PROCEDURES. The purpose of this procedure is to:
EMPLOYEE DISCIPLINARY PROCEDURES. 25 A. Basis for Disciplinary Action 25 B. Types of Discipline 25 C. Response to a Written Reprimand 26 D. Notice of Discipline Other than Written Reprimands 26 E. Division Captain’s (or Designee) Decision. 26
EMPLOYEE DISCIPLINARY PROCEDURES. Discipline and discharge shall be grieved through either the negotiated grievance procedure, or the City’s appeal procedure as outlined in the City’s Personnel Policies and Procedures, or through legal means as may be provided by statutes.
EMPLOYEE DISCIPLINARY PROCEDURES. 1. The City may discipline employees for sufficient cause, within a reasonable timeframe, in accordance with the Personnel Administration Ordinance and City, Departmental, and Divisional Rules and Regulations.
2. All employees covered hereunder shall be subject to the Personnel Administration Ordinance and City, Departmental, and Divisional Rules and Regulations.
3. An employee shall have the right to request that a Union ▇▇▇▇▇▇▇ or a Union Representative be present during any meeting or interview in which the employee is being questioned about his/her alleged misconduct which could lead to disciplinary action. The employee shall be advised of the nature of the meeting at the beginning of the meeting. If during any meeting or conference with an employee the possibility of discipline against that employee arises, the employee may request that a Union ▇▇▇▇▇▇▇ or Union Representative be present before the meeting or conference continues. To avoid delay and comply with representation requirements hereunder, the employee shall utilize any Union ▇▇▇▇▇▇▇ if the Union ▇▇▇▇▇▇▇ or Union Representative he/she requests is unavailable. If no Union ▇▇▇▇▇▇▇ or Union Representative is available, the meeting, conference, interview, or investigation hereunder shall be delayed for a period not to exceed twenty-four (24) hours (unless a longer extension is mutually agreed upon in writing).
EMPLOYEE DISCIPLINARY PROCEDURES. 4.1 A copy of the department Standard Operating Procedures and General Orders will be made available electronically online via the City Intranet, e-mail or a similar type program. Officers shall acknowledge receipt of any and all updates and shall be responsible thereafter for maintaining updates. The PBA shall be provided a copy of all policies that affect the unit members and, in addition, if feasible the PBA shall be furnished any proposed changes, additions, or deletions to the policies that impact wages, hours, and other terms and conditions of unit members’ employment. The notification(s) shall give the PBA the opportunity to comment on the changes and, in its opinion, notify the City that the proposed changes have an impact on wages, hours, and other terms and conditions of employment. Any such notification by the PBA shall require the parties to meet to resolve any issues pursuant to FSS 447.
4.2 As used in this agreement the term probable cause shall mean: a reasonable ground to suspect that a unit member has committed a particular violation or offense.
4.3 Prior to commencement of an investigative interview against a unit member, the unit member shall be provided with a copy of a written statement of the charge(s) which shall identify the person(s) upon whose statement the charge(s) is/are dependent. The Unit member may also review the complaint and all written statements made by the complainant and witnesses immediately prior to the beginning of the investigative interview.
4.4 No permanent employee shall be disciplined or discharged without just cause. Discharge of probationary police officers shall not be subject to the grievance/arbitration procedure until they have successfully completed the probationary period. Probationary employees who are terminated during this period shall have a right to have a Union representative present during any termination meeting. Prior to the meeting imposing discipline in such cases, the officer shall be relieved of duty and departmental weapons will be surrendered.
4.5 Whenever an employee is under investigation and subject to interrogation by the Police Department for any reason potentially leading to disciplinary action, demotion, or dismissal, such investigation shall be conducted under the following conditions in addition to the most current version of F.S.S. 112.532 (common name Police Officer Bill of Rights) as enacted by the Florida Legislature:
A. The interrogation shall be conducted at a reasonable h...
EMPLOYEE DISCIPLINARY PROCEDURES. (a) An employee is entitled to be represented at any meeting with the Company which is to discuss their work performance and or workplace behaviour and which may result in them receiving a warning or having their employment terminated. An employee who has been counselled or warned under these procedures shall have a right to have those warnings reviewed by the Commission by using the Dispute Settlement procedures of this Agreement.
(b) The Company shall ensure that each employee is aware of their specific job duty requirements and understand the required level of employee performance standards. Where an employee fails to carry out their required duties or fails to meet the expected levels of performance the Company shall in the first instance counsel the employee about these matters.
(c) An employee who has been counselled and then warned on at least two occasions within a twelve month period and who continues to fail to carry out their duties or meet the expected levels of performance, during the subsequent six month period may have their employment terminated by the Company without further warning. Where no further warnings are issued within the subsequent six month period the prior warnings shall be removed from the employee personnel file.
(d) No employee shall be terminated without the prior approval of the General Manager – Industrial Services, who will ensure that the Company has adhered to its obligations under these provisions and the employee has had an adequate opportunity to provide a satisfactory explanation of the events for which they are being dismissed.
(e) Where an employee is terminated under these provisions they shall only be entitled to be paid their outstanding leave entitlements (excluding sick leave) and the required amount of pay in lieu of notice.
(f) The Company may terminate an employee without prior warning and or counselling having taken place under these provisions and with no payment in lieu being provided, where the employee has been involved in misconduct including the following.
(i) fighting with another employee or member of the public during working hours;
(ii) using obscene and or abusive language towards another employee or client of the Company;
(iii) being under the influence of prescriptive drugs of addiction, illegal substances or being in possession of illicit substances;
(iv) consumption of or being under the influence of alcohol during working hours;
(v) is guilty of sexual harassment or other forms of workpla...