Common use of Burden of Proof and Notice Clause in Contracts

Burden of Proof and Notice. In all cases of discipline, the burden of proof of just cause shall rest with the Employer. (a) It is hereby agreed that the Employer has the right to discharge or suspend an employee for just cause, and notice or pay in lieu of notice may be given in the event of such discharge at the Employer's discretion. Notice of suspension and/or dismissal shall be in writing and shall set forth the reasons for the suspension or dismissal. (b) All dismissals and suspensions will be subject to the formal grievance procedure under Article 7. A copy of the written notice of dismissal or suspension shall be forwarded to the local union office within five calendar days of the action being taken. (c) A rejection during probation shall not be considered a dismissal for the purpose of (a) above. The discharge of a probationary employee shall be based on suitability. The test for just cause for rejection during the probationary period shall be a test of suitability of the probationary employee for continued employment in the position provided the factors involved in suitability could reasonably be expected to affect work performance. (d) An employee’s probationary period may be extended by agreement between the employee, the Employer and the union staff representative. (e) The union staff representative shall be copied on all disciplinary documentation placed in an employee’s file.

Burden of Proof and Notice. ‌ In all cases of discipline, the burden of proof of just cause shall rest with the Employer. (a) It is hereby agreed that the Employer has the right to discharge or suspend an employee for just cause, and notice or pay in lieu of notice may be given in the event of such discharge at the Employer's discretion. Notice of suspension and/or dismissal shall be in writing and shall set forth the reasons for the suspension or dismissal. (b) All dismissals and suspensions will be subject to the formal grievance procedure under Article 7. A copy of the written notice of dismissal or suspension shall be forwarded to the local union office within five calendar days of the action being taken. (c) A rejection during on probation shall not be considered a dismissal for the purpose of (a) above. The discharge of a probationary employee shall be based on suitability. The test for just cause for rejection during the probationary period shall be a test of suitability of the probationary employee for continued employment in the position to which they have been appointed, provided the factors involved in suitability could reasonably be expected to affect work performance. (d) An employee’s 's probationary period may be extended by mutual agreement between the employee, the Employer and the union staff representative. (e) The union staff representative shall be copied on all disciplinary documentation placed in an employee’s 's file.

Burden of Proof and Notice. In all cases of discipline, the burden of proof of just cause shall rest with the Employer. (a) It is hereby agreed that the Employer has the right to discharge or suspend an employee for just cause, and notice or pay in lieu of notice may be given in the event of such discharge at the Employer's discretion. Notice of suspension and/or dismissal shall be in writing and shall set forth the reasons for the suspension or dismissal. (b) All dismissals and suspensions will be subject to the formal grievance procedure under Article 7. A copy of the written notice of dismissal or suspension shall be forwarded to the local union office within five calendar days of the action being taken. (c) A rejection during on probation shall not be considered a dismissal for the purpose of (a) above. The discharge of a probationary employee shall be based on suitability. The test for just cause for rejection during the probationary period shall be a test of suitability of the probationary employee for continued employment in the position to which they have been appointed, provided the factors involved in suitability could reasonably be expected to affect work performance. (d) An employee’s 's probationary period may be extended by mutual agreement between the employee, the Employer and the union staff representative. (e) The union staff representative shall be copied on all disciplinary documentation placed in an employee’s 's file.

Burden of Proof and Notice. In all cases of discipline, the burden of proof of just cause shall rest with the Employer. (a) It is hereby agreed that the Employer has the right to discharge or suspend an employee for just cause, and notice or pay in lieu of notice may be given in the event of such discharge at the Employer's discretion. Notice of suspension and/or dismissal shall be in writing and shall set forth the reasons for the suspension or dismissal. (b) All dismissals and suspensions will be subject to the formal grievance procedure under Article 7. A copy of the written notice of dismissal or suspension shall be forwarded to the local union Union office within five (5) calendar days of the action being taken. (c) A rejection during probation shall not be considered a dismissal for the purpose of (a) above. The discharge of a probationary employee shall be based on suitability. The test for just cause for rejection during the probationary period shall be a test of suitability of the probationary employee for continued employment in the position provided the factors involved in suitability could reasonably be expected to affect work performance. (d) An employee’s probationary period may be extended by agreement between the employee, the Employer and the union staff representativeUnion Staff Representative. (e) The union staff representative Union Staff Representative shall be copied on all disciplinary documentation placed in an employee’s file.

Burden of Proof and Notice. In all cases of discipline, the burden of proof of just cause shall rest with the Employer. (a) It is hereby agreed that the Employer has the right to discharge or suspend an employee for just cause, and notice or pay in lieu of notice may be given in the event of such discharge at the Employer's discretion. Notice of suspension and/or dismissal shall be in writing and shall set forth the reasons for the suspension or dismissal. (b) All dismissals and suspensions will be subject to the formal grievance procedure under Article 7. A copy of the written notice of dismissal or suspension shall be forwarded to the local union Union office within five (5) calendar days of the action being taken. (c) A rejection during probation shall not be considered a dismissal for the purpose of (a) above. The discharge of a probationary employee shall be based on suitability. The test for just cause for rejection during the probationary period shall be a test of suitability of the probationary employee for continued employment in the position provided the factors involved in suitability could reasonably be expected to affect work performance. (d) An employee’s probationary period may be extended by agreement between the employee, the Employer and the union staff representativeUnion Staff Representative. (e) The union staff representative shall be copied on all disciplinary documentation placed in an employee’s file.