Common use of Record of Disciplinary Action Clause in Contracts

Record of Disciplinary Action. (a) The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action, any document from the file of an employee, the existence of which the employee was not aware at the time of filing. (b) Subject to paragraph (c) below, notice of a disciplinary action which may have been placed on the personal file of an employee shall be destroyed after four (4) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. (c) An employee who has been subject to disciplinary action other than suspension may, after three (3) years of continuous service from the date the disciplinary measure was invoked, request in writing that the personnel file be cleared of any record of disciplinary action. Such request shall be granted provided the employee’s file does not contain any further record of disciplinary action during the three (3) year period, of which the employee is aware. The Employer shall confirm in writing to the employee that such has been effected.

Record of Disciplinary Action. (a) The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action, any document from the file of an employee, the existence of which the employee was not aware at the time of filing. (b) Subject to paragraph (c) below, notice of a disciplinary action which may have been placed on the personal file of an employee shall be destroyed after four five (45) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. (c) An employee who has been subject to disciplinary action other than suspension may, after three (3) years of continuous service from the date the disciplinary measure was invoked, request in writing that the personnel file be cleared of any record of disciplinary action. Such request shall be granted provided the employee’s file does not contain any further record of disciplinary action during the three (3) year period, of which the employee is aware. The Employer shall confirm in writing to the employee that such has been effected.

Record of Disciplinary Action. (a) The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action, any document from the file of an employee, the existence of which the employee was not aware at the time of filing. (b) Subject to paragraph (c) below, notice Notice of a disciplinary action which may have been placed on the personal file of an employee shall be destroyed after four (4) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period. (c) An employee Employee, who has been subject to disciplinary action other than suspension maya period of paid or unpaid suspension, may after three four (34) years of continuous service Service from the date of the disciplinary measure was invoked, suspension request in writing that the personnel performance file be cleared of any record of disciplinary actionsuspension. Such request shall be granted provided the employeeEmployee’s file does not contain any further record of disciplinary action during the three four (34) year period, of which the employee Employee is aware. The Employer shall confirm in writing to the employee Employee that such action has been effected.. (CUPE 13.03)