Clearing of Employee Record. The personnel record or file of an employee shall be cleared after a period of fifteen (15) months, except in the case of resident abuse which shall be eighteen (18) months from date of any disciplinary action having been taken by the Employer, to remove any indication of such action provided there are no similar incidents.
Clearing of Employee Record. Records of formal disciplinary action (written warning, disciplinary suspensions) will, except as noted below, be removed from an employee’s personnel file once twelve (12) months have elapsed since the date of the last formal disciplinary action on the file. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the twelve (12) month period noted above. Formal disciplinary action, in this context, is any disciplinary action which is reduced in writing and given to the employee. Such records will not be removed where the disciplinary action arises from an interaction with residents or family members, until thirty-six (36) months have elapsed since the date of the last formal disciplinary action on file. The Employer agrees that no employee will be discharged, disciplined or otherwise discriminated against for advocating in the interests of the home’s residents, or for reporting or publicizing any alleged deficiencies in resident care and quality standards. It is understood that an employee should first bring such deficiencies to the Employer’s attention through their immediate supervisor, Labour-Management Committee or other workplace forums, and allow the Employer a reasonable opportunity to remedy any problems.
