Procedures for Discipline and Dismissal Sample Clauses

The Procedures for Discipline and Dismissal clause outlines the formal steps an employer must follow when addressing employee misconduct or performance issues, and when considering termination of employment. Typically, this clause details the process for issuing warnings, conducting investigations, holding disciplinary meetings, and providing opportunities for the employee to respond or appeal decisions. By establishing a clear and consistent framework, this clause helps ensure fairness, transparency, and legal compliance in handling disciplinary matters, thereby reducing the risk of wrongful termination claims and workplace disputes.
Procedures for Discipline and Dismissal a. The employer shall not dismiss or discipline a teacher except for just and reasonable cause. b. The Board of Education shall not discipline, suspend (other than a suspension to which Section 15.5 of the School Act applies) nor dismiss any person bound by this Agreement unless it has, prior to such action, held a meeting of the Board with the employee entitled to be present, in respect of which: i. the employee and the Union shall be given seventy-two (72) hours notice of the meeting and a written statement of the grounds for the contemplated action; ii. seventy-two (72) hours prior to the meeting, the Board shall provide all documents available at that time. Twenty-four (24) hours prior to the meeting, the Union and the Board will exchange all additional documents that will be considered at the meeting; iii. the Union, on behalf of the employee, may file a written reply to the allegations prior to the meeting; iv. at such meeting the employee shall be accompanied by a representative and/or an advocate appointed by the Union and they shall be entitled to hear all the information of the incidents presented to the Board, to receive copies of all documents placed before the Board, to make representations on behalf of the employee, to call witnesses, and to ask questions of clarification or procedure; v. in the case of suspension the meeting referred to herein may be waived by mutual agreement. c. Procedures outlined in Article C.24.1.b.i through C.24.1.b.v shall also apply for meetings held pursuant to Section 15.7 of the School Act. d. Differences respecting dismissal and disciplinary action shall be subject to grievance and may be referred directly to the Arbitration procedure in Article A.6 (GRIEVANCE PROCEDURE) of this Agreement. e. At an arbitration in respect of the discipline or dismissal of an employee, no material from the employee’s file may be presented unless the material was brought to the employee’s attention at the time it was placed on file, and no material which has been removed from the file pursuant to Article E.23 (PERSONNEL FILES) may be presented. f. An employee shall receive written reasons for any formal discipline at the earliest possible time, and such reason will contain a statement of the grounds for discipline. g. Where a teacher is suspended, disciplined, or dismissed, no information in respect of the suspension, discipline, or dismissal shall be released to the public or the media except by joint release agreed upon by officia...
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Procedures for Discipline and Dismissal. 19.4.1 An Employee shall have the right to have a Union representative present at any discussion with the Employer. 19.4.2 Any disciplinary process commences with a discussion with the Employee or Employees concerned, and it must occur within ten (10) days of the date the Employer knew, or ought reasonably to have known, of the occurrence giving rise to the concern. If the Employee is absent from the Employer’s premises for any reason, the discussion shall take place within ten (10) days of the Employee’s return. 19.4.3 Should the discussion result in a satisfactory resolution of the concern, no records shall be retained. 19.4.4 If no satisfactory resolution is reached, the Employer shall take one (1) of the following actions if the intention is to proceed with discipline: a) further investigate the alleged incident and, following the investigation, which must be completed within thirty (30) days from the date of the unsuccessful meeting, advise the Employee in writing, with a copy to the Union, of the disciplinary measure(s); or, b) advise the Employee in writing within five (5) days, with a copy to the Union, of the disciplinary measure(s). 19.4.5 Notification of disciplinary measures must include full disclosure of the specific details of the alleged cause for the discipline including all names, places, and dates of the alleged incidents. 19.4.6 Any disciplinary measure(s) not confirmed in writing shall not form part of an Employee's official file.
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Procedures for Discipline and Dismissal. 13.02.1 Except as provided in 13.02.7, the Employer shall only dismiss an Employee after taking steps to correct a fault or behaviour of the Employee. 13.02.2 The Executive Director shall initiate discipline procedures by notifying the Employee in writing to meet with him or her in the presence of the appropriate manager and a Union ▇▇▇▇▇▇▇. The Employee shall have the right to be represented by his or her advocate, who may be the Union ▇▇▇▇▇▇▇, at this meeting and the Executive Director shall inform the Employee of that right at the time that the Employee is notified of the meeting. Notice of the meeting shall be sent to the Employee, with a copy to the Chief Shop ▇▇▇▇▇▇▇, within twenty (20) days of the date the Employer knew, or ought reasonably to have known, of the occurrence of the matter giving rise to the discipline. The meeting shall take place within five (5) days of the written notification. An attempt shall be made at the meeting to resolve the matter in a manner satisfactory to all concerned. 13.02.3 (a) If no satisfactory solution is reached at the meeting provided for in 13.02.2, the Executive Director shall take one of the following actions if the intention is to proceed with discipline: (i) further investigate the alleged incident and, following the investigation, which must be completed within at most 20 days from the date of the unsuccessful meeting, advise the Employee in writing, with a copy to the Chief Shop ▇▇▇▇▇▇▇, of the disciplinary measure(s), or, (ii) advise the Employee in writing, with a copy to the Chief Shop ▇▇▇▇▇▇▇, of the disciplinary measure(s).
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Procedures for Discipline and Dismissal. 13.02.1 Except as provided in 13.02.7, the Employer shall dismiss an Employee only after taking steps to correct a fault or behaviour of the Employee.
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Procedures for Discipline and Dismissal a) Except as provided in Article 9.5.g), the Employer shall only dismiss an Employee after taking steps to correct a fault or behaviour of the Employee by lesser forms of discipline beginning with a written warning. As a final step, the Employer shall notify the Employee in writing that failure to meet certain specific standards within a specific period of time shall lead to dismissal. A copy of the letter shall be sent to the Union. b) The Executive Director or their designate shall initiate discipline procedures by notifying the Employee in writing to meet with them in the presence of the appropriate manager and a Union ▇▇▇▇▇▇▇. The Employee shall have the right to be represented by the Union at this meeting and the Executive Director or their designate shall inform the Employee of that right at the time that the Employee is notified of the meeting. Notice of the meeting shall be sent to the Employee, with a copy to the Union, within twenty (20) days of the date the Employer knew of the occurrence of the matter giving rise to the discipline. The meeting shall take place within five (5) days of the written notification. An attempt shall be made at the meeting to resolve the matter in a manner satisfactory to all concerned. i) If no satisfactory solution is reached at the meeting provided for in Article 9.5.b), the Executive Director or their designate shall take one of the following actions if the intention is to proceed with discipline: i. further investigate the alleged incident and, following the investigation, advise the Employee in writing, with a copy to the Union, of the disciplinary measure(s). The investigation must be completed within twenty (20) days from the date of the meeting provided for in Article 9.5.b). However, and provided that the Employer has conducted the investigation with reasonable dispatch and with the agreement of the Union, the time for investigation and implementation of disciplinary measure may be extended if more time is required for the Employer to obtain or review further information or documents reasonably required to complete the investigation, or, ii. advise the Employee in writing, with a copy to the Union, of the disciplinary measure(s). ii) Notification of disciplinary measures must include full disclosure of the specific details of the alleged cause for the discipline including all names, places, and dates of the alleged incidents. This notice shall be sent by mail to the Employee, with a copy to the Union, within ...
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Procedures for Discipline and Dismissal. 13.01.8 Any disciplinary process commences with a discussion with the Employee or Employees concerned, and it must occur within ten (10) days of the date the Employer knew, or ought reasonably to have known, of the occurrence giving rise to the concern. If the Employee is absent from the Employer’s premises for any reason, the discussion shall take place within ten days of the Employee’s return. 13.01.9 Should the discussion result in a satisfactory resolution of the concern, no records shall be retained.
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Related to Procedures for Discipline and Dismissal

  • DISCIPLINE AND DISMISSAL 27.01 The Employer may discipline, suspend or dismiss an employee for just cause only, except for the dismissal of a probationary Employee. Unsatisfactory conduct or performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee's record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Union within fifteen (15) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. The Union shall not deny a request by the Employer to extend the timelines due to availability of persons identified by the Employer to be interviewed. A written warning that is grieved and determined to be unjustified shall be removed from the Employee's record. 27.02 In the event an Employee is suspended or dismissed, the Employer shall provide written reasons for the suspension or dismissal to the Employee and the Union forthwith and in any event not later than five (5) days of the action being taken. The action or suspension or dismissal shall be within fifteen (15) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act, giving rise to the suspension or dismissal. The Union shall not deny a request by the Employer to extend the timelines due to unavailability of persons identified by the Employer to be interviewed. When action involves a suspension, the notice shall specify the time period of the suspension. 27.03 An Employee who has been subject to disciplinary action may after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that their personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee's file does not contain any further record of disciplinary action during the two (2) year period of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. 27.04 The procedures stated in Articles 27.01, 27.02 and 27.03 do not prevent immediate suspension or dismissal for just cause. (a) An Employee required by the Employer to attend an investigation meeting or a disciplinary discussion shall be paid at the applicable rate of pay for time spent in that meeting. (b) Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the Union. 27.06 In the event that an Employee is reported to their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Union forthwith. In the event, an Employee is reported to their licensing body, by someone other than the Employer, the Employee shall advise the Employer of such and the Employee may copy the Union on such notification. 27.07 An Employee absent for three (3) consecutive work days without good and proper reason and without notifying the Employer shall be considered to have terminated their Employment with the Employer. 27.08 For the purposes of this Article, periods of time referred to in days shall be deemed to mean consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays, which are specified in Article 19.

  • DISMISSAL, SUSPENSION AND DISCIPLINE 14 ARTICLE 12 - SENIORITY 16

  • Complaints and Dispute Resolution 16.1 Where a dispute arises in connection with any aspect of this Agreement, the parties acting with good faith, will use all reasonable endeavours to bring any such issue to the attention of the other party in a timely fashion and in any event within 60 days of any such dispute coming to their attention. 16.2 Notification by one party to the other must be in writing and include the nature of the dispute and the desired resolution. 16.3 If a Supplier wishes to notify ACM of a dispute in connection with this Agreement, any such notification should be made by email to ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇.▇▇. 16.4 Within seven days of receipt of a notification in accordance with clause 16.2, a party will provide a response in writing including setting out steps it intends to take to resolve the dispute. 16.5 If, after attempting to resolve the dispute for a period of at least 60 days, the parties are not reconciled, they agree to then participate in a mediation to be conducted in accordance with the Code. 16.6 If, after undertaking mediation in accordance with the Code, the parties are still not reconciled, they may then submit to an arbitration to be conducted in accordance with the Code. 16.7 Unless otherwise agreed in writing, the parties shall each bear their own legal costs associated with any mediation and/or arbitration pursuant to this Agreement. 16.8 Nothing in this clause will prevent a party from seeking an injunction.

  • Consultation and Dispute Resolution 1. The Parties shall promptly consult, at the request of either of them, on any question arising out of the interpretation or application of this Agreement. Any disputes concerning the interpretation or application of this agreement shall be settled by friendly consultations between the Parties. 2. Paragraph 1 shall not prevent the Parties from having recourse to dispute settlement procedures under the Partnership and Cooperation Agreement establishing partnership between the European Communities and their Member States, and Ukraine.

  • DISCIPLINE AND DISCHARGE A. Disciplinary actions or measures shall include but not be limited to the following: Oral Reprimand Written Reprimand Suspension - Maximum of 30 days (notice given in writing) Discharge - (notice given in writing) A demotion in classification may be substituted by the Employer in place of a suspension or a discharge; a disciplinary transfer may be made in lieu of an oral or written reprimand. Discipline shall be uniformly applied using a progressive disciplinary procedure, where appropriate. B. Disciplinary action may be imposed upon an employee only for failure to fulfill his/her responsibilities as an employee. Suspensions of less than ten (10) days and lesser disciplining actions may be administered by the Superintendent or his/her designee. C. No discipline of record shall be given to any employee until the employee has read the written statement and had an opportunity to attach a statement of explanation or rebuttal; or if the employee so desires, be given a hearing. At such hearing, the employee may have Union representation. The employee will be asked to sign the disciplinary report to signify knowledge of the statement only. The signature will not be interpreted to signify acceptance or denial of guilt of the charges or statement. D. Upon request by the employee, records of oral and written reprimands shall be removed from an employee's record twelve (12) months from the date of the offense and records of suspensions shall be removed from an employee's records two (2) years from the date of the offense. E. The Employer shall not discipline or discharge any employee without just cause. Any disciplinary action may be appealed through the grievance procedure. Steps of the grievance procedure may mutually be waived in order that the grievance may be filed with the person issuing such disciplinary actions.