Common use of Procedures for Discipline and Dismissal Clause in Contracts

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 five (5) days of the meeting provided for in Article 9.5.b), or the completion of any investigation according to Article 9.5.c)i). Any disciplinary measure(s) which is not confirmed in writing in this manner shall not form part of an Employee's performance file. d) The Employer shall not introduce at arbitration any notice of discipline of which the Employee was not aware or any material which is not properly part of the Employee's performance file. Any evidence introduced at an arbitration relating to discipline shall be confined to that which is relevant to the grounds of the notice of discipline referred to in Article 9.5.c)ii). e) An Employee who is suspended or dismissed shall be retained at, or returned to, active duties with full salary and benefits until any grievance contesting such disciplinary measure(s) has been finally resolved through the grievance and arbitration procedures set out in Articles 6, 7 and 9.5.h), or the time limits for filing such a grievance under Article 6 have expired. f) Notwithstanding 9.5.e), if the Employer considers that the continued presence of the Employee constitutes a disruption serious enough to put in danger the effective operation of the organization, the Employer shall have the discretion to suspend the Employee from duty with full pay and benefits until such time as the Employer considers the Employee's return to duty to be suitable. g) Notwithstanding Article 9.5.e) and 9.5.f), where the Employer believes on reasonable grounds that an Employee has committed an act of negligence or misconduct of sufficient gravity in and of itself to constitute cause for dismissal, the Employer may suspend the Employee with pay for a period of up to twenty

Procedures for Discipline and Dismissal. a) 9.05.1 Except as provided in Article 9.5.g)9.05.7, 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) 9.05.2 The Executive Director or their designate shall initiate discipline procedures by notifying the Employee in writing to meet with them him or her 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. ia) If no satisfactory solution is reached at the meeting provided for in Article 9.5.b)9.05.2, the Executive Director or their designate shall take one of the following actions if the intention is to proceed with discipline: i. 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 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). iib) 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 five (5) days of the meeting provided for in Article 9.5.b)9.05.2, or the completion of any investigation according to Article 9.5.c)i9.0.5 a) i). Any disciplinary measure(s) which is not confirmed in writing in this manner shall not form part of an Employee's performance file. d) 9.05.4 The Employer shall not introduce at arbitration any notice of discipline of which the Employee was not aware or any material which is not properly part of the Employee's performance file. Any evidence introduced at an arbitration relating to discipline shall be confined to that which is relevant to the grounds of the notice of discipline referred to in Article 9.5.c)ii).9.05.3 b. e) 9.05.5 An Employee who is suspended or dismissed shall be retained at, or returned to, active duties with full salary and benefits until any grievance contesting such disciplinary measure(s) has been finally resolved through the grievance and arbitration procedures set out in Articles 6, 7 and 9.5.h)9.05.8, or the time limits for filing such a grievance under Article 6 have expired. f) 9.05.6 Notwithstanding 9.5.e)9.05.5, if the Employer considers that the continued presence of the Employee constitutes a disruption serious enough to put in danger the effective operation of the organization, the Employer shall have the discretion to suspend the Employee from duty with full pay and benefits until such time as the Employer considers the Employee's return to duty to be suitable. g) 9.05.7 Notwithstanding Article 9.5.e) 9.05.5 and 9.5.f)9.05.6, where the Employer believes on reasonable grounds that an Employee has committed an act of negligence or misconduct of sufficient gravity in and of itself to constitute cause for dismissal, the Employer may suspend the Employee with pay for a period of up twenty (20) working days. The Employer shall conduct a diligent investigation pursuant to twentyArticle 9.05. 3 a) i). If, on the basis of that investigation, the Employer reasonably concludes that there is clear and compelling evidence that the Employee has committed such an act, the Employer may discipline the Employee in accordance with the disciplinary measures in Article 9.04.