Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An employee shall be entitled to only Union representation at each step of the disciplinary procedure.
B. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of the exercise of his rights under this procedure.
20.02 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for just cause. The specific acts for which discipline is being imposed and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge of the incident that the Employer intends to impose discipline that may result in a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within ten (10) days after the Employer has knowledge of the incident. Notice of Disciplinary actions resulting in a suspension or discharge shall be issued within sixty (60) days after the Employer has knowledge of the incident resulting in the proposed disciplinary action.
20.04 Before any discipline is imposed, the employee and his/her union representative shall be entitled to a pre-disciplinary hearing before the employee's department head. If after this hearing the department head decides to impose a penalty that does not involve a suspension, demotion, or removal from service, the department head may impose the penalty, and the employee may grieve it. Where the department head seeks as a penalty the imposition of a suspension without pay, a demotion or removal from service, he shall make such a recommendation to the Mayor and notice of such proposed discipline shall be made in writing and served on the employee personally or by registered or certified mail, return receipt request, with a copy to the local union president and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 of the grievance procedure.
20.05 The Union on behalf of all ...
Disciplinary Procedure. 13.5.1 Where the Company believes that an Employee is not meeting the standards of performance or conduct reasonably expected of them, the following procedures will apply:
(i) In the first instance the Employee will be counselled as to where their performance/conduct is deficient; and (where appropriate) the steps to be taken to remedy the deficiency will be identified and a review period will be set. In more serious cases a written warning may be issued at this stage.
(ii) Should the matter not be resolved, the Employee will be counselled again, and the Company may issue a written warning advising the Employee that their employment is in jeopardy if the deficiency is not rectified. In more serious cases this may be a final warning. A further review period may be set if appropriate.
(iii) Should the matter still not be resolved, the Employee will be counselled again, and a further written warning given, which will be a final warning unless in the opinion of the Company this is not warranted.
(iv) At any stage of this procedure the Employee may be stood down without pay for a reasonable period.
13.5.2 The Employee will at all stages be given the opportunity to make a response and have another employee present if they wish.
13.5.3 Nothing shall prevent the Company from terminating the Employees employment during any stage of this process.
Disciplinary Procedure. 61.1 Where disciplinary action may be necessary, the management representative shall notify the Employee of the issues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
61.2 If the problem continues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
61.3 In the event that the problem continues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
61.4 In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and is found to be substantiated.
61.5 Summary dismissal of an Employee may still occur for acts of ‘serious misconduct’ (as defined in the Fair Work Act 2009). Where an allegation of ‘serious misconduct’ is proven and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under Clauses 61.2 or 61.3.
61.6 During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including the ANMF or XXX. The Employer may be represented by the representative of their choice.
61.7 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
Disciplinary Procedure. (a) The disciplinary procedure applies if, following the investigation, the Employer reasonably considers that the Employee’s conduct or performance may warrant disciplinary steps being taken.
(b) The Employer will:
(i) notify the Employee in writing of the outcome of the investigation process, including the basis of any conclusion; and
(ii) meet with the Employee.
(c) In considering whether to take disciplinary action, the Employer will consider:
(i) whether there is a valid reason related to the conduct or performance of the Employee arising from the investigation justifying disciplinary action;
(ii) whether the Employee knew or ought to have known that the conduct or performance was below acceptable standards; and
(iii) any explanation by the employee relating to conduct including any matters raised in mitigation.
Disciplinary Procedure. (a) Where the appointing authority or the authority’s designee seeks to impose discipline, notice of such discipline shall be made in writing and served upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice shall contain a description of the alleged acts and conduct, including reference to dates, times and places. Two copies of the notice shall be served on the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requested.
(b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served.
(c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that:
(1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days;
(2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator;
(3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding;
(4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed.
(d) The penalty proposed by the appointing authority may not be implemented until
(1) the employee fails to file a disciplinary grievance within 14 calendar days of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below or (3) the penalty is upheld or a different penalty is determined by the arbitrator to be appropriate, or (4) the matter is settled.
(e) If not settled or otherwise resolved, the notice of discipline may be the subject of a grievance before the department or agency head, or a designee, and shall be filed either in person or by certified m...
Disciplinary Procedure. Stage One: Incident Investigation
Disciplinary Procedure. 24.1 The purpose of the disciplinary procedure is to ensure that the standards established by the Company’s rules are maintained and that any alleged failure to observe the Company’s rules is fairly dealt with. The Company’s current disciplinary procedure, which does not form part of your terms and conditions of employment, is set out in the Company’s Employee Handbook. If you wish to appeal against a disciplinary decision you must do in accordance with the disciplinary procedure to a Director of the Company.
24.2 The Company may at any time and from time to time in its discretion suspend you from your duties on payment of full Salary and/or exclude you from any premises of the Company and/or any Group Company whilst it carries out any investigation or disciplinary process. During any period of suspension:
24.2.1 you shall continue to receive your basic salary and all contractual benefits in the usual way and subject to the terms of any benefit arrangement;
24.2.2 you shall remain an employee of the Company and bound by the terms of this Contract;
24.3 you shall ensure that your Manager knows where you will be and how you can be contacted during each working day (except during any periods taken as holiday in the usual way);
24.4 the Company may exclude you from your place of work or any other premises of the Company or any Group Company; and
24.5 the Company may require you not to contact or deal with (or attempt to contact or deal with) any officer, employee, consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of the Company or any Group Company.
Disciplinary Procedure. A. The Union recognizes the right of the employer to take disciplinary action against employees for just cause. Penalties for disciplinary action may include: verbal and written counseling, written reprimands, suspension, reduction of pay to the next lower step within the pay range, demotion or dismissal. Any employee disciplined will receive a copy of all disciplinary action.
Disciplinary Procedure.
A. When a member is to be questioned about or charged with an alleged violation of any prescribed code of conduct, whether Divisional, Departmental or City-wide, or any other infraction of rule or law, he shall be entitled to Union representation, if so requested, in any meeting in which the member is required to respond to such questioning or charges. The member or his representative shall be entitled to a copy of any statement the member makes or any report he is required to make, including access to any tape- recorded statement. Except in the case of misconduct that requires immediate suspension, a member shall be entitled to ten (10) days advance notice before any Divisional or Departmental hearing.
B. Discipline and discharge shall only be for just cause.
C. Once a member is notified of an ongoing investigation, the member and the Union may request Internal Investigations to notify them in writing of the status of the investigation. Such requests may be made every thirty (30) calendar days until the investigation is closed and the final report has been filed. Upon receipt, the City will respond within 10 calendar days. For purposes of this section, an e-mail sent to the member’s City e-mail and sent to the Union President’s e-mail shall constitute written notification.
D. For completed investigations of members that do not result in disciplinary charges, the Fire Department shall provide a written report of the results of the investigation to the member and the Union within ten (10) calendar days of the close of the investigation.
Disciplinary Procedure. Disciplinary action or measures shall include only the following: 1. oral reprimand (not grievable);
