DISCIPLINARY AND DISMISSAL PROCEDURES. 4.2.1 The Employee should note the provisions of this Agreement, the Employer’s Serious Misconduct and Misconduct rules in Schedule Four and Schedule Five of this Agreement, and any other policy statements as provided for from time to time by the Employer.
DISCIPLINARY AND DISMISSAL PROCEDURES. During the probation period, employee's employment is at will and the College may end the employee's employment for any legal reason or no reason at all. An employee may not grieve a dismissal that occurs during the probationary period. Disciplinary action, after the probationary period shall only be taken for just cause. Just cause shall mean that the employee knew or should have known that the act or acts engaged in were impermissible, that the College had evidence that the act or acts occurred, and that the College did not act in an arbitrary or capricious manner. The parties agree that inadequate performance may be grounds for performance management and possible dismissal, and that the College may dismiss an employee for inadequate performance without formal discipline. Prior to any adverse action, the employee shall be provided written notice outlining the performance concerns and shall be given an appropriate amount of time to correct the outlined deficiencies unless the performance concern is one that such notice and opportunity to improve is not appropriate. In the event a grievance is pursued to arbitration concerning dismissal based on inadequate performance, the arbitrator will be limited to considering whether the College determined in good faith that performance warranted dismissal. Discipline shall include oral and written reprimands or warnings placed in the employee's personnel file, suspension, demotion and dismissal.
DISCIPLINARY AND DISMISSAL PROCEDURES. 4.2.1 The Employee may be dismissed at any time without notice and/or without pay in lieu of notice subject to:
a. any breach or continued neglect by him/her of the terms (expressed or implied) in this agreement;
b. any serious misconduct, non-performance, or other misconduct which is not in line with the Employer’s policies or brings the Employer into disrepute, whether or not in the course of the Employee's employment;
c. any deliberate breach or continued neglect of any duties which may from time to time be properly assigned to the Employee, or failure by the Employee to carry out such duties in a proper and effective manner;
d. the Employee withholding or offering false information in respect of questions asked for work- related personal injury insurance purposes, which will be deemed serious misconduct because of the serious insurance consequences and the Employer's exposure to pay damages.
DISCIPLINARY AND DISMISSAL PROCEDURES a) General Principles
(i) have a right to representation;
(ii) be advised of that right;
(iii) be advised of the nature of the perceived misconduct or poor performance;
(iv) have the opportunity to explain; and
(v) have any explanation properly considered before Presbyterian Support decides what action, if any, is to be taken.
DISCIPLINARY AND DISMISSAL PROCEDURES. During the probation period, employee's employment is at will and the College may end the 336 employee's employment for any legal reason or no reason at all. An employee may not grieve a 337 dismissal that occurs during the probationary period. 338 B. Disciplinary action, after the probationary period, shall only be taken for just cause. 339 340 “Just cause” includes that: 341 o the employee knew or should have known that the act or acts engaged in were impermissible, 342 o the College had evidence that the act or acts occurred, 343 o the College provided the employee with an opportunity to provide information concerning the 344 College’s concerns. 345 o the College did not act in an arbitrary or capricious manner 346 347 C. The parties agree that inadequate performance may be grounds for performance management and 348 possible dismissal, and that the College may dismiss an employee for inadequate performance 349 without formal discipline. 350 351 D. Prior to any adverse action, the employee shall be provided written notice outlining the 352 performance concerns and shall be given an appropriate amount of time to correct the outlined 353 deficiencies unless the performance concern is one that such notice and opportunity to improve is 354 not appropriate. 355 356 E. In the event a grievance is pursued to arbitration concerning dismissal based on inadequate 357 performance, the arbitrator will be limited to considering whether the College determined in good 358 faith that performance warranted dismissal. 359 360 F. Discipline actions may include: 361 o oral and written reprimands or warnings placed in the employee's personnel file 362 o demotion 363 o suspension 364 o dismissal 365
DISCIPLINARY AND DISMISSAL PROCEDURES. 16.1 In the event of your employment being confirmed at the end of your probationary period, the Company's Disciplinary Procedure will be applicable to your employment, It does not form part of the terms and conditions of your employment. A copy of the disciplinary procedure can be found in the Disciplinary and Dismissal Policy and can be obtained from the HR Department.
16.2 The Company reserves the right to suspend you on full pay in appropriate circumstances, including but not limited to, circumstances where the Company wishes to investigate whether disciplinary action against you is necessary and during any disciplinary process. The Company has the right to impose any of the following disciplinary penalties should it deem them appropriate: suspension with or without pay for up to one calendar month, transfer, demotion, loss of seniority, loss of increment, a reduction in pay, dismissal with or without notice or without pay in lieu of notice.
16.3 In the event that the Company is contemplating terminating your employment for a reason in respect of which the disciplinary procedure does not apply, for instance on the grounds of redundancy, early retirement or non-renewal of a fixed term contract, the Company will comply with the minimum statutory dismissal procedure. The applicable dismissal procedure is confirmed in the Company's Disciplinary and Dismissal Procedure which can be obtained from the HR Department and which do not form part of your terms and conditions of employment.
DISCIPLINARY AND DISMISSAL PROCEDURES. 30.1 It is expected that in the great majority of cases, employees will conduct themselves properly and competently in their work. The parties to this Agreement agree that the following procedures are therefore intended to be used where such trust is considered to be abused or there is negligence of responsibility requiring formal admonishment or there exists a lack of competence in carrying out duties.
30.2 Warning procedure (for matters other than may warrant dismissal without notice):
DISCIPLINARY AND DISMISSAL PROCEDURES. 4.2.1 The Employee should note the provisions of this Agreement, the Employer’s Serious Misconduct and Misconduct rules in Schedule Four and Schedule Five of this Agreement, and any other policy statements as provided for from time to time by the Employer.
4.2.2 Except in the case of alleged serious misconduct the Employer will first counsel the Employee with respect to any action or non- action which might place their continued employment in jeopardy.
4.2.3 Except in the case of alleged serious misconduct or, during the Trial Period or Probation Period, the Employer may then, after following due process:
(a) Issue a first written warning in the first instance;
(b) Issue a final written warning in the second instance;
(c) Dismiss the Employee in the third instance.
4.2.4 However, nothing in this clause will prevent the Employer from choosing to forgo any of these steps depending on the seriousness of any misconduct. Further, the giving of a warning is not limited to repetition of the same offence.
4.2.5 After following due process the Employer may dismiss an Employee without notice (summary dismissal) for serious misconduct (see Schedule Four for examples of what constitutes serious misconduct).
4.2.6 The Employee will be notified in advance of the purpose of any disciplinary meeting and will be given the opportunity to have a representative or support person in attendance.
4.2.7 Prior to determining its course of action, the Employer will give the Employee an opportunity to provide explanations and submissions and will consider any such comments given.
DISCIPLINARY AND DISMISSAL PROCEDURES. (a) General Principles Disciplinary and dismissal procedures will follow principles of procedural fairness and natural justice. The employees accept that should they be convicted of any offence which may fairly and reasonably be considered likely to directly impact on the employees ability to perform their employment obligations, the employees employment may be terminated with or without notice. In all cases (whether of serious misconduct or otherwise) the employee will:
(i) have a right to representation;
(ii) be advised of that right;
(iii) be advised of the nature of the perceived misconduct or poor performance;
(iv) have the opportunity to explain; and
(v) have any explanation properly considered before Presbyterian Support decides what action, if any, is to be taken.
(b) Serious Misconduct In the event of serious misconduct Presbyterian Support:
(i) will conduct whatever investigation that is necessary to establish the facts;
(ii) may suspend the employee on pay while the investigation takes place; will advise the employee, prior to seeking the employee’s explanation, that, if the alleged serious misconduct is found to be proven, the employee may be dismissed with or without notice;
(iii) will make the results of any investigation available to the employee;
(iv) will provide the employee with a reasonable opportunity to consider those results; and
(v) may dismiss the employee with or without notice or take action that falls short of dismissal. The general principles set out in 34.0 (a) still apply.
(c) Cases of poor performance In such cases Presbyterian Support will:
(i) Inform the employee in writing of the performance standards or behaviours that are required;
(ii) Provide the employee with a reasonable period of time and opportunity to achieve those standards or behaviours;
(iii) Provide the employee with whatever assistance is reasonable to achieve those standards or behaviours; and
(iv) Inform the employee of the possible consequences if the standards or behaviours are not achieved. The general principles set out in 34.0 (a) still apply. Where, given reasonable time, opportunity and assistance to achieve the required standards, the employee’s performance or behaviour is still unsatisfactory, Presbyterian Support may dismiss the employee with notice, or take whatever lesser action is appropriate in the circumstances. However, dismissal shall not take place unless, in terms of 34.0 (c) (iv), the employee has been earlier advised that dismissal is ...
DISCIPLINARY AND DISMISSAL PROCEDURES. 25.1 There are no disciplinary rules relating to the employment of the Director other than those arising out of this Agreement and the Company’s operating policies and procedures. However the Director is expected to conduct herself at all times in a manner suitable to her role and to exhibit the standard of behaviour commensurate of a Director.
25.2 The disciplinary and dismissal procedures applicable to the Director’s employment are set out in the Company’s operating policies and procedures, but do not form part of the Director’s contract of employment.
25.3 If the Director is dissatisfied with any disciplinary decision relating to her or any decision to dismiss her, she may appeal against the decision to the board of directors of the Parent Company.
