DISCIPLINE OR DISMISSAL. 10.1 Discipline, including dismissal (except as provided in 5.5.3), may only be imposed for just cause. In all such cases, the faculty member shall be provided with a written notice of the reason why the disciplinary action is being taken. This notice shall describe with reasonable particularity the reason for the action and shall be delivered at or before the disciplinary action is effected. Copies of all such notices shall be concurrently transmitted to the Contract Officer of the Association.
DISCIPLINE OR DISMISSAL. 21.9.1 The Labour Relations Code, Section 84(3), currently requires the following provision to be in the Agreement: "The employer will not dismiss or discipline an employee bound by this agreement except for just and reasonable cause."
21.9.2 If the legislation changes, the Agreement will be changed accordingly.
DISCIPLINE OR DISMISSAL. No Faculty Member shall be disciplined or dismissed except for just cause.
DISCIPLINE OR DISMISSAL. Section 1. ASEs shall only be subject to discipline or dismissal for just cause.
Section 2. It is recognized that ASE appointments cease at the end of a designated period, and the cessation of such an appointment is not subject to the just cause requirement. Discipline or dismissal as used in this Article refers to actions taken involving job related misconduct or job related poor/non-performance and does not include any action based on academic performance. No decision made by the University concerning academic discipline or dismissal of a student are subject to this Agreement.
Section 3. In the event disciplinary action will not result in a suspension or dismissal, the ASE and the union shall be provided with a copy of the disciplinary action. The ASE may request a conference with a Union representative and the supervisor to discuss the discipline prior to the disciplinary action being placed in the ASE’s file, but not later than fourteen (14) days from the receipt of the copy of the disciplinary action.
Section 4. In the event that suspension or dismissal of an ASE is contemplated, the University shall:
1. Notify the ASE and the union in writing of the contemplated action. The notice shall include a statement of reasons for the contemplated action, which shall include the nature of the alleged violation, the level of discipline contemplated, notice of a right to a conference, and notice of the right to Union representation. Upon request, the ASE shall be entitled to any materials (such as an investigative report) that have been prepared, although confidential information and witness statements may be withheld; and
2. Offer a disciplinary conference to be held with the Department Chair (or designee) or Hiring Unit Director (or designee) at least three (3) business days after the written notice.
Section 5. The ASE shall be entitled to Union representation at the conference, at which the Union representative shall be afforded the opportunity to speak on behalf of the employee and shall otherwise be entitled to represent the employee.
Section 6. During the conference, the ASE shall be apprised of the charges and shall have an opportunity to respond to the charges.
Section 7. An ASE who is disciplined or discharged shall be entitled to file a grievance at the second step of the grievance procedure. The ASE shall have fourteen (14) calendar days from the date of the action to file a grievance.
Section 8. The Union shall be promptly notified in writing of any ...
DISCIPLINE OR DISMISSAL. The Company shall not dismiss or discipline an employee bound by this Agreement except for just and reasonable cause.
DISCIPLINE OR DISMISSAL. Where a Union Representative files a grievance related to the discipline or dismissal of an employee, the grievance shall be filed at either Step 1 or Step 2 at the option of the Union Representative, within fourteen (14) calendar days of the date the employee was disciplined or dismissed.
DISCIPLINE OR DISMISSAL. 9.01 Discharge
(a) confirming the Employer’s action in dismissing the employee, or
(b) reinstating the employee with or without compensation for time lost less any unemployment insurance received by the employee which he is not obligated to repay and any additional compensation received from any source during the period from the date of his discharge to his reinstatement, or
(c) by any other arrangement which may be deemed just and equitable by the parties or the Arbitration Board.
(d) Ending employment and providing reasonable termination pay in lieu of notice.
9.02 Discipline or discharge of a probationary employee is not subject to the grievance or arbitration procedure, except where the action is motivated solely by bad faith on the part of the Employer. This constitutes a lesser standard for the purposes of the Ontario Labour Relations Act, and the parties agree that no arbitrator will have the remedial authority to reinstate a probationary employee save and except where there is jurisdiction for reinstatement under the Employment Standards Act, Occupational Health and Safety Act or the Ontario Human Rights Code.
(a) When an employee is called to a meeting by the Employer where discipline or discharge will be imposed, the employee will be informed of the right to have a Union Xxxxxxx present. In the event of discipline, the interview will not proceed without a Xxxxxxx and this is mandatory although an employee may waive this right in writing in the presence of the Xxxxxxx if he or she wishes. In the case of a discharge, the meeting will not proceed without a Xxxxxxx.
(b) Where discipline or discharge is sent to an absent employee by letter rather than in person, the Union representative will be provided with a copy of the letter.
(a) Where an employee maintains a record free from discipline for a period of twelve (12) months, all records of discipline (save and except for serious misconduct) will not be relied upon in future discipline. Discipline under the attendance management policy will be treated as a separate stream of discipline for the purposes of this provision except where the employee’s disciplinary record cumulatively is such that the attendance discipline is a culminating incident.
(b) Serious misconduct includes but is not limited to:
(i) material and detrimental breach of confidentiality;
(ii) clear and obvious breach of the employee signed Code of Business Conduct and/or the conflict of interest policy;
(iii) A clear finding of harassm...
DISCIPLINE OR DISMISSAL. No non-probationary ParaEducator shall be formally disciplined without just cause. Formal discipline includes formal written warnings, formal suspension with or without pay, formal written reprimand, and termination. In the event that formal discipline is undertaken, the following due process shall be observed.
A. Written notice of the specific grounds forming the basis for such action will be delivered to the non-probationary ParaEducator and the Association prior to such action; and
B. A conference between the non-probationary ParaEducator and the appropriate administrator will be held prior to taking such action. The non-probationary ParaEducator will have the right at his/her discretion to have an Association representative present at this conference.
DISCIPLINE OR DISMISSAL. The employer shall not dismiss or discipline an employee bound by this agreement except for just and reasonable cause. Employees shall not suffer loss of wages or benefits during an investigation or the period of time involved in the adjustment of grievances. The presumption of innocence shall prevail unless proven otherwise.
DISCIPLINE OR DISMISSAL. An employee may be subject to discipline or dismissal for just and reasonable cause, in which case the Union may resort to the established grievance procedures outlined in Article 7 of this Agreement.
