Common use of DISCHARGE, SUSPENSION AND DISCIPLINE Clause in Contracts

DISCHARGE, SUSPENSION AND DISCIPLINE. 8.01 A claim by an employee who has completed probation that she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Administrator or designate within fourteen (14) calendar days after the employee has received her discharge notice. Such grievance will be taken up at a special meeting with the Administrator or designate at Step 2 of the Grievance Procedure. Such special grievance may be settled by confirming the Employer's action in dismissing the employee, by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration, as the case may be. An employee who has not completed her probationary period may be terminated at the discretion of the Employer and which action may not be taken up as a grievance. The Employer agrees not to exercise this right in an arbitrary manner. The record of an employee shall not be used against her if her record has been cleared for eighteen (18) months. Disciplinary sanctions for matters involving a resident or a family member shall remain on file for 36 months after the date of the last formal disciplinary action on file which involved a resident or a family member. An employee, subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right at the time she is disciplined to the presence of the Union Committee member or designate, or if neither is available a member representative of the employee's choice who is working on the current shift. Where the Employer has received information and as a result determines that it should investigate an incident, it may temporarily suspend an employee from the workplace in order to conduct the investigation. Such suspension shall not be disciplinary. If the employee is at work at the time of the suspension, then she shall have the right to the presence of a Committee Member, or if none are then at work to the presence of an at-work co-worker of the employee's choice, at the time she is suspended. If the employee is not at work at the time of such suspension, then she will be contacted directly by the Employer and a Committee Member shall be advised of it within the next 2 days.

DISCHARGE, SUSPENSION AND DISCIPLINE. 8.01 A claim by an employee who has completed probation that she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Administrator or designate within fourteen (14) calendar days after the employee has received her discharge notice. Such grievance will be taken up at a special meeting with the Administrator or designate at Step No. 2 of the Grievance Procedure. Such special grievance may be settled by confirming the Employer's ’s action in dismissing the employee, by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration, as the case may be. An employee who has not completed her probationary period may be terminated at the discretion of the Employer and which action may not be taken up as a grievance. The Employer agrees not to exercise this right in an arbitrary manner. The record of an employee shall not be used against her if her record has been cleared for eighteen (18) months. Disciplinary sanctions for matters involving a resident or a family member shall remain on file for 36 months after the date of the last formal disciplinary action on file which involved a resident or a family member. An employee, subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right at the time she is disciplined to the presence of the Union Committee member or designate, or if neither is available a member representative of the employee's choice who is working on the current shift. Where the Employer has received information and as a result determines that it should investigate an incident, it may temporarily suspend an employee from the workplace in order to conduct the investigation. Such suspension shall not be disciplinary. If the employee is at work at the time of the suspension, then she shall have the right to the presence of a Committee Member, or if none are then at work to the presence of an at-work co-worker of the employee's choice, at the time she is suspended. If the employee is not at work at the time of such suspension, then she will be contacted directly by the Employer and a Committee Member shall be advised of it within the next 2 days.

DISCHARGE, SUSPENSION AND DISCIPLINE. 8.01 Whenever the Area Supervisor deems it necessary to warn an employee of any misdemeanor in a manner that disciplinary action may follow, he shall immediately give written particulars of such warning to the Chief Xxxxxxx and a copy to the employee involved. A permanent employee may be dismissed only for just cause and only upon the authority of the Board, as invested in the Area Supervisor. When an employee is discharged or suspended, he shall be given the in the presence of the Chief Xxxxxxx, and the Chairman of the Grievance Committee and the Secretary of the Union shall immediately be advised in writing by the employer of the for such discharge or suspension and a copy for- warded to the employee involved. It being understood that the release of a probationary employee will not be subject to the Grievance Procedure, a claim by an employee who has completed probation his probationary period that she he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Administrator or designate Superintendent of Business at Step No. within fourteen (14) calendar three working days after the discharge or suspension is affected. An employee has received her discharge notice. Such grievance will wrongfully or unjustly discharged or suspended shall be taken up at a special meeting with the Administrator or designate at Step 2 reinstated in his former position, without loss of the Grievance Procedure. Such special grievance may seniority, and shall be settled by confirming the Employer's action in dismissing the employee, by reinstating the employee with full compensation compensated for all time and benefits lost, or by any other arrangement which at the rates for his position prevailing at the time of reinstatement, except where a lesser penalty is just and equitable justified, in the opinion of the conferring parties or in the opinion of a Board of Arbitration, as if the case may be. An employee who has not completed her probationary period may be terminated at the discretion of the Employer and which action may not be taken up as matter is referred to such a grievance. The Employer agrees not to exercise this right in an arbitrary manner. The record of an employee shall not be used against her if her record has been cleared for eighteen (18) months. Disciplinary sanctions for matters involving a resident or a family member shall remain on file for 36 months after the date of the last formal disciplinary action on file which involved a resident or a family member. An employee, subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right at the time she is disciplined to the presence of the Union Committee member or designate, or if neither is available a member representative of the employee's choice who is working on the current shift. Where the Employer has received information and as a result determines that it should investigate an incident, it may temporarily suspend an employee from the workplace in order to conduct the investigation. Such suspension shall not be disciplinary. If the employee is at work at the time of the suspension, then she shall have the right to the presence of a Committee Member, or if none are then at work to the presence of an at-work co-worker of the employee's choice, at the time she is suspended. If the employee is not at work at the time of such suspension, then she will be contacted directly by the Employer and a Committee Member shall be advised of it within the next 2 daysBoard.

DISCHARGE, SUSPENSION AND DISCIPLINE. 8.01 Whenever the Chief Custodian deems it necessary to warn an employee of any misdemeanor in a manner that disciplinary action may follow, he shall immediately give written particulars of such warning to the Chief Xxxxxxx and a copy to the employee involved. A permanent employee may be dismissed only for just cause and only upon the authority of the Board, as vested in the Chief Custodian. When an employee is discharged or suspended, he shall be given the in the presence of the Chief Xxxxxxx, and the Chairman of the Grievance Committee and the Secretary of the Union shall immediately be advised in writing by the employer of the for such discharge or suspension and a copy for- warded to'the employee involved. It being understood that the release of a probationary employee will not be subject to the Grievance Procedure, a claim by an employee who has completed probation his probationary period that she he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Administrator or designate Superintendent of Business at Step No. within fourteen (14) calendar three working days after the discharge or suspension is affected. An employee has received her discharge notice. Such grievance will wrongfully or unjustly discharged or suspended shall be taken up at a special meeting with the Administrator or designate at Step 2 reinstated in his former position, without loss of the Grievance Procedure. Such special grievance may seniority, and shall be settled by confirming the Employer's action in dismissing the employee, by reinstating the employee with full compensation compensated for all time and benefits lost, or by any other arrangement which at the rates for his position prevailing at the time of reinstatement, except where a lesser penalty is just and equitable justified, in the opinion of the conferring parties or in the opinion of a Board of Arbitration, as if the case may be. An employee who has not completed her probationary period may be terminated at the discretion of the Employer and which action may not be taken up as matter is referred to such a grievance. The Employer agrees not to exercise this right in an arbitrary manner. The record of an employee shall not be used against her if her record has been cleared for eighteen (18) months. Disciplinary sanctions for matters involving a resident or a family member shall remain on file for 36 months after the date of the last formal disciplinary action on file which involved a resident or a family member. An employee, subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right at the time she is disciplined to the presence of the Union Committee member or designate, or if neither is available a member representative of the employee's choice who is working on the current shift. Where the Employer has received information and as a result determines that it should investigate an incident, it may temporarily suspend an employee from the workplace in order to conduct the investigation. Such suspension shall not be disciplinary. If the employee is at work at the time of the suspension, then she shall have the right to the presence of a Committee Member, or if none are then at work to the presence of an at-work co-worker of the employee's choice, at the time she is suspended. If the employee is not at work at the time of such suspension, then she will be contacted directly by the Employer and a Committee Member shall be advised of it within the next 2 daysBoard.

DISCHARGE, SUSPENSION AND DISCIPLINE. 8.01 A claim by an employee who has completed probation that she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Administrator or designate within fourteen (14) calendar days after the employee has received her discharge notice. Such grievance will be taken up at a special meeting with the Administrator or designate at Step No. 2 of the Grievance Procedure. Such special grievance may be settled by confirming the Employer's ’s action in dismissing the employee, by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration, as the case may be. An employee who has not completed her probationary period may be terminated at the discretion of the Employer and which action may not be taken up as a grievance. The Employer agrees not to exercise this right in an arbitrary manner. The record of an employee shall not be used against her if her record has been cleared for eighteen (18) months. Disciplinary sanctions for matters involving a resident or a family member shall remain on file for 36 months after the date of the last formal disciplinary action on file which involved a resident or a family member. An employee, subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right at the time she is disciplined to the presence of the Union Committee member or designate, or if neither is available a member representative of the employee's choice who is working on the current shift. Where the Employer has received information and as a result determines that it should investigate an incident, it may temporarily suspend an employee from the workplace in order to conduct the investigation. Such suspension shall not be disciplinary. If the employee is at work at the time of the suspension, then she shall have the right to the presence of a Committee Member, or if none are then at work to the presence of an at-work co-co- worker of the employee's choice, at the time she is suspended. If the employee is not at work at the time of such suspension, then she will be contacted directly by the Employer and a Committee Member shall be advised of it within the next 2 days. Staff Abuse The parties agree that abuse of staff, including threatening behavior, must be addressed. There will be no reprisal for the good faith lodging of a complaint by a staff member about such abuse or the participation by a staff member in an investigation with respect to such complaint. Abuse or threatening behavior by residents may include, but is not limited to physical abuse, psychological abuse, emotional abuse and sexual abuse. The parties agree that the Long-Term Care/Retirement Home environment houses residents who, through no fault of their own, may exhibit aggressively abusive behavior and actions that may be unwelcome to staff. In order to balance those behaviours to the benefit of both the residents and the staff, the parties agree to the following: The parties agree that if incidents involving aggressive resident's action occur, such action will be recorded and reviewed at the Occupational Health and Safety Committee. Reasonable steps within the control of the Employer will follow to address the legitimate health and safety concerns in that forum. The parties further agree that suitable subjects at the Joint Labour Management Committee will include aggressive residents. If an employee is faced with abuse from a resident it may be necessary for the employee to leave the threatening situation and immediately notify his or her Supervisor who will assess the situation and give further direction. It is agreed that no employee will be required to work one-on-one in a situation in which the actions of the resident at that time directly put the employee at risk of physical harm, until a satisfactory resolution has been reached. Incidents of abusive and threatening behaviour by a resident will be documented on the resident's chart with a view to examine and modify care approaches and interventions by staff. The parties understand that the Employer is required to make every effort to provide appropriate care to residents who are abusive before it makes any representation for psychiatric intervention. Notwithstanding the foregoing, the employee is required to consider the safety of the resident before disengaging or withholding care on a one-on- one basis.