Common use of DISCIPLINE, DISMISSAL AND RESIGNATION Clause in Contracts

DISCIPLINE, DISMISSAL AND RESIGNATION. 32.01 Except for the dismissal of an Employee serving a probationary period, the Employer shall not suspend, dismiss, or discipline an Employee without just cause. 32.02 An Employee who has been subject of disciplinary action may request in writing that the Employee’s personnel file be cleared of any record of the disciplinary action. The Employee may make such a request after they have completed at least one year of continuous service exclusive of any absences of thirty (30) consecutive days or more, and within two (2) years of continuous service from the date that the disciplinary action was commenced. The Employer shall grant such a request unless the Employee’s file contains any other record(s) of disciplinary action during the above-noted time period. 32.03 Where circumstances permit, the Employer shall disclose the particulars of the complaint against the Employee. At the discretion of the Employer, particulars may include the identity of the complainant(s). 32.04 In the event that an Employee is reported to the licensing body by the Employer, the Employee shall be advised in writing, with a copy delivered to the Union forthwith. 32.05 For purposes of investigating a matter related to the Employee or discussing or issuing discipline, the Employer shall advise the Employee that they may be accompanied by a Union Representative at such meeting(s). However, should the Union Representative be unavailable, the Employer shall not be prevented from taking disciplinary action.

DISCIPLINE, DISMISSAL AND RESIGNATION. 32.01 Except 35.01 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline up to, and including, immediate dismissal. 35.02 Unsatisfactory conduct and/or performance by an Employee which is not considered by the Employer to be serious enough to warrant suspension or dismissal may result in a written warning to the Employee. The Employee shall sign any written notice of discipline for the dismissal sole purpose of an Employee serving a probationary period, indicating that they are aware of the Employer disciplinary notice. A copy of the written warning shall not suspend, dismiss, or discipline an Employee without just cause. 32.02 An Employee who has been subject of disciplinary action may request in writing that be placed on the Employee’s personnel file file. Copies of all written warnings shall be cleared forwarded to the Union within five (5) days of any record of the disciplinary actionissuance. The Employee may make such a request after they have completed at least one year of continuous service exclusive of any absences of thirty (30) consecutive days or more, and within two (2) years of continuous service from the date that the disciplinary action was commenced. The Employer shall grant such a request unless the Employee’s file contains any other record(s) of disciplinary action during the above-noted time period. 32.03 Where circumstances permit, an Employee may be accompanied by a representative of the Union during the disciplinary discussion. 35.03 Where the Employer shall disclose the particulars of the complaint against the Employee. At the discretion of the Employer, particulars may include the identity of the complainant(s). 32.04 In the event has a significant reason to believe that an Employee is reported may be responsible, and that their actions may lead to the licensing body by the Employerdiscipline, the Employee shall be advised in writing, with a copy delivered to informed by the Union forthwith. 32.05 For purposes of investigating a matter related to the Employee or discussing or issuing disciplineEmployer that they are being investigated, the Employer shall advise nature of the Employee concern and that they may be accompanied by have the right to have a Union Representative at such meeting(s). However, should present if they so choose. 35.04 When an Employee has grieved a disciplinary action and the Union Representative be unavailableEmployer has either allowed the grievance or reduced the penalty levied against the grievor, the Employer personnel file of the Employee shall not be prevented from taking disciplinary actionamended to reflect this action provided this action results in the abandonment of the grievance. 35.05 After eighteen (18) months of continuous service, exclusive of absences of thirty