Common use of Demotion or Dismissal Clause in Contracts

Demotion or Dismissal. An oral warning, written warning and/or suspension shall include a Corrective Action Plan, which establishes certain standards of performance, a schedule for improving employee’s performance, and follow-up review. In the case of a work performance issue that has become a discipline issue in accordance with Article 57, a Corrective Action Plan may incorporate unmet objectives of any work performance plans prepared in accordance with Article 57. The parties support the principles of progressive discipline. However, the above stated disciplinary steps may not be appropriate for all offenses or infractions and need not be applied in sequence depending on the severity of the offense or infraction involved. The following are examples of the kind of conduct or actions that constitute just cause for suspension, demotion or dismissal depending on the severity of the offense or infraction: a. Political or partisan activity as described in the Political and Partisan Activity Article of this Agreement and either the Legislature’s Personnel Policies and Guidelines for Legislative Council Employees or, for Committee Clerks, the Personnel Policies and Guidelines for Legislative Committee Clerks (hereinafter referred to collectively as the “Personnel Handbook”); b. Breach of the rules of legislative confidentiality as described in the Personnel Handbook; c. Insubordination constituting a serious breach of discipline; d. Personal conduct that impairs the employee’s work performance or brings serious discredit to the Legislature or, for Legislative Council employees, the nonpartisan nature of the work; e. Use of the employee’s position for personal advantage;

Demotion or Dismissal. An oral warning, written warning and/or suspension shall include a Corrective Action Plan, which establishes certain standards of performance, a schedule for improving employee’s performance, and follow-up review. In the case of a work performance issue that has become a discipline issue in accordance with Article 57, a Corrective Action Plan may incorporate unmet objectives of any work performance plans prepared in accordance with Article 57. The parties support the principles of progressive discipline. However, the above stated disciplinary steps may not be appropriate for all offenses or infractions and need not be applied in sequence depending on the severity of the offense or infraction involved. The following are examples of the kind of conduct or actions that constitute just cause for suspension, demotion or dismissal depending on the severity of the offense or infraction: a. Political or partisan activity as described in the Political and Partisan Activity Article of this Agreement and either the Legislature’s Personnel Policies and Guidelines for Legislative Council Employees or, for Committee Clerks, the Personnel Policies and Guidelines for Legislative Committee Clerks (hereinafter referred to collectively as the “Personnel Handbook”); b. Breach of the rules of legislative confidentiality as described in the Personnel Handbook; c. Insubordination constituting a serious breach of discipline; d. Personal conduct that impairs the employee’s work performance or brings serious discredit to the Legislature or, for Legislative Council employees, the nonpartisan nature of the work; e. Use of the employee’s position for personal advantage;

Demotion or Dismissal. An oral warning, written warning and/or suspension shall include a Corrective Action Plan, which establishes certain standards of performance, a schedule for improving employee’s performance, and follow-up review. In the case of a work performance issue that has become a discipline issue in accordance with Article 57, a Corrective Action Plan may incorporate unmet objectives of any work performance plans prepared in accordance with Article 57. The parties support the principles of progressive discipline. However, the above stated disciplinary steps may not be appropriate for all offenses or infractions and need not be applied in sequence depending on the severity of the offense or infraction involved. The following are examples of the kind of conduct or actions that constitute just cause for suspension, demotion or dismissal depending on the severity of the offense or infraction: a. Political or partisan activity as described in the Political and Partisan Activity Article of this Agreement and either the Legislature’s Personnel Policies and Guidelines for Legislative Council Employees or, for Committee Clerks, the Personnel Policies and Guidelines for Legislative Committee Clerks (hereinafter referred to collectively as the “Personnel Handbook”); b. Breach of the rules of legislative confidentiality as described in the Personnel Handbook; c. Insubordination constituting a serious breach of discipline; d. Personal conduct that impairs the employee’s work performance or brings serious discredit to the Legislature or, for Legislative Council employees, the nonpartisan nature of the work; e. Use of the employee’s position for personal advantage;