DISCIPLINE, SUSPENSION AND DISCHARGE. (a) The University shall not discipline, suspend or discharge an employee without just cause. (b) It is acknowledged that if a disciplinary action is challenged through the grievance procedure, the onus rests with the University to demonstrate just cause. (c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyed, and such false or unsubstantiated allegations shall not be relied upon in any future action. (d) Sessional Lecturers covered by the terms of the Unit 2 Agreement shall not be required to exercise the management functions of discharging, reprimanding, suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her supervisor. 9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure. 9.03 The University shall, in the process of progressive discipline, use verbal then, if warranted, written warnings. In such cases (pursuant to 9.05 (b)), the employee shall be clearly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.05. 9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. suspension or discharge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sustained improvement in the area of concern. (a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. The University will inform the Union, when circumstances permit and in confidence, of the nature and scope of an investigation which the University believes may lead to disciplinary action against an employee. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union designate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. (b) When an employee is to be disciplined (i.e. verbal warning, written warning, suspension or discharge), such discipline shall be imposed at a meeting specifically convened for this purpose. The employee shall be entitled to be represented at such meeting by a Union designate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s copy of any written disciplinary action shall be provided to the Union at the meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to such meeting (where possible based on the timing of notification by the employee). 9.06 It is agreed that disciplinary/warning letters within an employee’s Human Resources File shall be removed after an eight (8) month period from date of issue, provided that no further discipline has been recorded within that eight (8) month period. 9.07 Employees have the right to review their full and complete Human Resources File no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s written consent, also has the right to review the employee’s Human Resources File. In order to do so, employees and/or the Union shall submit their request in writing to the FASR. An appointment for this review shall take place within three (3) days of receipt of the request. 9.08 With respect to consideration of information for decision making, hiring decisions are made in accordance with 11.03 and disciplinary decisions are made in accordance with 9.01. 9.09 Only written employment related records, included in an employee’s Human Resources File may be used for disciplinary purposes.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCIPLINE, SUSPENSION AND DISCHARGE.
(a) The University shall not discipline, suspend or discharge an employee without just cause.
(b) It is acknowledged that if a disciplinary action is challenged through the grievance procedure, the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyed, destroyed and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) Sessional Lecturers covered The timelines indicated in this article may be extended by the terms mutual agreement of the Unit 2 Agreement shall not be required to exercise University and the management functions of discharging, reprimanding, suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her supervisorUnion.
9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 The University shall, in the process of progressive discipline, use verbal then, if warranted, written warnings. In such cases (pursuant to 9.05 (b)9.06), the employee shall be clearly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.05.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. suspension or discharge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sustained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. .
(b) The investigation, in and of itself, is not considered to constitute discipline.
(c) All investigations will be conducted as expeditiously as possible.
(d) The University may withhold information from an employee, decide not to notify the employee, or delay notifying the employee if there are grounds to believe there is a risk of significant harm to another person or to University property or that the investigation may otherwise be jeopardized. In these situations, the Union will be notified in confidence of the circumstances and substance of the allegations.
(e) As soon as is practicable after an allegation has been made, the University shall inform the Union, when circumstances permit and in confidence, employee of the nature of the allegation that has been made and scope their right to seek assistance from the Union at all meetings involved in the investigation and disciplinary process.
(f) Within 10 days of an investigation which informing the employee of the allegation, the University believes may lead to disciplinary action against will initiate an employeeinvestigation. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, University of this entitlement prior to the meeting.
(bg) The University shall notify the employee of the tentative results of the investigation within ten (10) days of the results being known. Such notification shall inform the employee that discipline will not be imposed and that the investigation is closed or that the University believes discipline is warranted.
(1) The University may invite the employee to attend a meeting before the investigation is closed, and before any discipline is imposed, to allow the employee to respond and will be reminded of their right to be represented by a Union representative.
(2) The employee may respond in person or through a Union representative. Should the employee fail to respond to the invitation within five (5) days or fail to attend a meeting on the matter without reasonable excuse, the University may proceed with discipline.
(h) The University, the Union, and Members shall maintain the confidentiality of the fact and substance of procedures under this article including the investigative process, its findings, and its outcome. Information will only be disclosed to those with a demonstrable need to know. Those in receipt of information pertaining to the procedures under this article are bound to hold such information in confidence. The University may disclose information where it has grounds to believe that confidentiality may put a person at risk of significant harm or if the University is legally required to disclose.
(i) In a case of alleged harassment or human rights violations, the process can be interrupted if the complainant and the respondent agree to mediation. The process will continue if mediation fails.
9.06 When an employee is to be disciplined (i.e. verbal warning, written warning, suspension or discharge), such discipline shall be imposed at a meeting specifically convened for this purpose. The employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s copy of any written disciplinary action shall be provided to the Union at the meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to such meeting (where possible based on the timing of notification by the employee).
9.06 9.07 It is agreed that disciplinary/warning letters within an employee’s Human Resources File shall be removed after an eight (8) month period from date of issue, provided that no further discipline has been recorded within that eight (8) month period.
9.07 9.08 Employees have the right to review their full and complete Human Resources File no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s written consent, also has the right to review the employee’s Human Resources File. In order to do so, employees and/or the Union shall submit their request in writing to the FASR. An appointment for this review shall take place within three (3) days of receipt of the request.
9.08 9.09 With respect to consideration of information for decision making, hiring decisions are made in accordance with 11.03 Article 11 and disciplinary decisions are made in accordance with 9.01Article 9.
9.09 Only written employment related records, included 9.10 Disciplinary records shall be kept in an employee’s a sealed envelope in the Human Resources File and may only be used for disciplinary purposesconsidered when relevant to an employment-related decision.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
DISCIPLINE, SUSPENSION AND DISCHARGE.
(a) The University shall not discipline, suspend or discharge an employee without just cause.
(b) It is acknowledged that if a disciplinary action is challenged through the grievance procedure, the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyed, destroyed and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) The timelines indicated in this Article may be extended by mutual agreement of the University and the Union.
(e) Sessional Lecturers covered by the terms of the Unit 2 Agreement shall not be required to exercise the management functions of discharging, reprimanding, suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her their supervisor.
9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 The University shall, in the process of progressive discipline, use verbal then, if warranted, written warnings. In such cases (pursuant to 9.05 (b)9.06), the employee shall be clearly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.059.06.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. suspension or discharge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sustained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. .
(b) The investigation, in and of itself, is not considered to constitute discipline.
(c) All investigations will be conducted as expeditiously as possible.
(d) The University may withhold information from an employee, decide not to notify the employee or delay notifying the employee if there are grounds to believe there is a risk of significant harm to another person or to University property or that the investigation may otherwise be jeopardized. In these situations, the Union will be notified in confidence of the circumstances and substance of the allegations.
(e) As soon as is practicable after an allegation has been made, the University shall inform the Union, when circumstances permit and in confidence, employee of the nature of the allegation that has been made and scope their right to seek assistance from the Union at all meetings involved in the investigation and disciplinary process.
(f) Within 10 days of an investigation which informing the employee of the allegation, the University believes may lead to disciplinary action against will initiate an employeeinvestigation. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, University of this entitlement prior to the meeting.
(bg) The University shall notify the employee of the tentative results of the investigation within ten (10) days of the results being known. Such notification shall inform the employee that discipline will not be imposed and that the investigation is closed or that the University believes discipline is warranted.
(1) The University may invite the employee to attend a meeting before the investigation is closed, and before any discipline is imposed, to allow the employee to respond and will be reminded of their right to be represented by a Union Designate representative.
(2) The employee may respond in person or through a Union representative. Should the employee fail to respond to the invitation within five (5) days or fail to attend a meeting on the matter, without reasonable excuse, the University may proceed with discipline.
(h) The University, the Union, and Members shall maintain the confidentiality of the fact and substance of procedures under this Article including the investigative process, its findings, and its outcome. Information will only be disclosed to those with a demonstrable need to know. Those in receipt of information pertaining to the procedures under this Article are bound to hold such information in confidence. The University may disclose information where it has grounds to believe that confidentiality may put a person at risk of significant harm or if the University is legally required to disclose.
(i) In a case of alleged harassment or human rights violations, the process can be interrupted if the complainant and the respondent agree to mediation. The process will continue if mediation fails.
9.06 When an employee is to be disciplined (i.e. verbal warning, written warning, suspension or discharge), such discipline shall be imposed at a meeting specifically convened for this purpose. The employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s copy of any written disciplinary action shall be provided to the Union at the meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to such meeting (where possible based on the timing of notification by the employee).
9.06 9.07 It is agreed that disciplinary/warning letters within an employee’s Human Resources File shall be removed after an eight (8) month period from date of issue, provided that no further discipline has been recorded within that eight (8) month period.
9.07 9.08 Employees have the right to review their full and complete Human Resources File no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s written consent, also has the right to review the employee’s Human Resources File. In order to do so, employees and/or the Union shall submit their request in writing to the FASR. An appointment for this review shall take place within three (3) days of receipt of the request.
9.08 9.09 With respect to consideration of information for decision making, hiring decisions are made in accordance with 11.03 11.04 and disciplinary decisions are made in accordance with 9.01.
9.09 Only written employment related records, included 9.10 Disciplinary records shall be retained in an employee’s confidence in a sealed envelope in the Human Resources File and may only be used for disciplinary purposesconsidered when relevant to an employment-related decision.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, SUSPENSION AND DISCHARGE.
(a) The University shall not discipline, suspend or discharge an employee without just cause.
(b) It is acknowledged that if a disciplinary action is challenged through the grievance procedure, the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyed, destroyed and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) Sessional Lecturers covered The timelines indicated in this article may be extended by the terms mutual agreement of the Unit 2 Agreement shall not be required to exercise University and the management functions of discharging, reprimanding, suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her supervisorUnion.
9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 The University shall, in the process of progressive discipline, use verbal then, if warranted, written warnings. In such cases (pursuant to 9.05 (b)9.06), the employee shall be clearly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.05.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. i.e., suspension or discharge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sustained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. .
(b) The investigation, in and of itself, is not considered to constitute discipline.
(c) All investigations will be conducted as expeditiously as possible.
(d) The University may withhold information from an employee, decide not to notify the employee, or delay notifying the employee if there are grounds to believe there is a risk of significant harm to another person or to University property or that the investigation may otherwise be jeopardized. In these situations, the Union will be notified in confidence of the circumstances and substance of the allegations.
(e) As soon as is practicable after an allegation has been made, the University shall inform the Union, when circumstances permit and in confidence, employee of the nature of the allegation that has been made and scope their right to seek assistance from the Union at all meetings involved in the investigation and disciplinary process.
(f) Within 10 days of an investigation which informing the employee of the allegation, the University believes may lead to disciplinary action against will initiate an employeeinvestigation. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, University of this entitlement prior to the meeting.
(bg) The University shall notify the employee of the tentative results of the investigation within ten (10) days of the results being known. Such notification shall inform the employee that discipline will not be imposed and that the investigation is closed or that the University believes discipline is warranted.
(1) The University may invite the employee to attend a meeting before the investigation is closed, and before any discipline is imposed, to allow the employee to respond and will be reminded of their right to be represented by a Union representative.
(2) The employee may respond in person or through a Union representative. Should the employee fail to respond to the invitation within five (5) days or fail to attend a meeting on the matter without reasonable excuse, the University may proceed with discipline.
(h) The University, the Union, and Members shall maintain the confidentiality of the fact and substance of procedures under this article including the investigative process, its findings, and its outcome. Information will only be disclosed to those with a demonstrable need to know. Those in receipt of information pertaining to the procedures under this article are bound to hold such information in confidence. The University may disclose information where it has grounds to believe that confidentiality may put a person at risk of significant harm or if the University is legally required to disclose.
(i) In a case of alleged harassment or human rights violations, the process can be interrupted if the complainant and the respondent agree to mediation. The process will continue if mediation fails.
9.06 When an employee is to be disciplined (i.e. i.e., verbal warning, written warning, suspension or discharge), such discipline shall be imposed at a meeting specifically convened for this purpose. The employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s copy of any written disciplinary action shall be provided to the Union at the meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to such meeting (where possible based on the timing of notification by the employee).
9.06 9.07 It is agreed that disciplinary/warning letters within an employee’s Human Resources File shall be removed after an eight (8) month period from date of issue, provided that no further discipline has been recorded within that eight (8) month period.
9.07 9.08 Employees have the right to review their full and complete Human Resources File no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s written consent, also has the right to review the employee’s Human Resources File. In order to do so, employees and/or the Union shall submit their request in writing to the FASR. An appointment for this review shall take place within three (3) days of receipt of the request.
9.08 9.09 With respect to consideration of information for decision making, hiring decisions are made in accordance with 11.03 Article 11 and disciplinary decisions are made in accordance with 9.01Article 9.
9.09 Only written employment related records, included 9.10 Disciplinary records shall be kept in an employee’s a sealed envelope in the Human Resources File and may only be used for disciplinary purposes.considered when relevant to an employment-related decision
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, SUSPENSION AND DISCHARGE.
(a) The University shall not discipline, suspend or discharge an employee without just cause.
(b) It is acknowledged that if a disciplinary action is challenged through the grievance procedure, the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyed, destroyed and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) The timelines indicated in this Article may be extended by mutual agreement of the University and the Union.
(e) Sessional Lecturers covered by the terms of the Unit 2 Agreement shall not be required to exercise the management functions of discharging, reprimanding, suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her their supervisor.
9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 The University shall, in the process of progressive discipline, use verbal then, if warranted, written warnings. In such cases (pursuant to 9.05 (b)9.06), the employee shall be clearly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.059.06.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. i.e., suspension or discharge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sustained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. .
(b) The investigation, in and of itself, is not considered to constitute discipline.
(c) All investigations will be conducted as expeditiously as possible.
(d) The University may withhold information from an employee, decide not to notify the employee or delay notifying the employee if there are grounds to believe there is a risk of significant harm to another person or to University property or that the investigation may otherwise be jeopardized. In these situations, the Union will be notified in confidence of the circumstances and substance of the allegations.
(e) As soon as is practicable after an allegation has been made, the University shall inform the Union, when circumstances permit and in confidence, employee of the nature of the allegation that has been made and scope their right to seek assistance from the Union at all meetings involved in the investigation and disciplinary process.
(f) Within 10 days of an investigation which informing the employee of the allegation, the University believes may lead to disciplinary action against will initiate an employeeinvestigation. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, University of this entitlement prior to the meeting.
(bg) The University shall notify the employee of the tentative results of the investigation within ten (10) days of the results being known. Such notification shall inform the employee that discipline will not be imposed and that the investigation is closed, or that the University believes discipline is warranted.
(1) The University may invite the employee to attend a meeting before the investigation is closed, and before any discipline is imposed, to allow the employee to respond and will be reminded of their right to be represented by a Union Designate representative.
(2) The employee may respond in person or through a Union representative. Should the employee fail to respond to the invitation within five (5) days or fail to attend a meeting on the matter, without reasonable excuse, the University may proceed with discipline.
(h) The University, the Union, and Members shall maintain the confidentiality of the fact and substance of procedures under this Article including the investigative process, its findings, and its outcome. Information will only be disclosed to those with a demonstrable need to know. Those in receipt of information pertaining to the procedures under this Article are bound to hold such information in confidence. The University may disclose information where it has grounds to believe that confidentiality may put a person at risk of significant harm or if the University is legally required to disclose.
(i) In a case of alleged harassment or human rights violations, the process can be interrupted if the complainant and the respondent agree to mediation. The process will continue if mediation fails.
9.06 When an employee is to be disciplined (i.e. i.e., verbal warning, written warning, suspension or discharge), such discipline shall be imposed at a meeting specifically convened for this purpose. The employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s copy of any written disciplinary action shall be provided to the Union at the meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to such meeting (where possible based on the timing of notification by the employee).
9.06 It is agreed 9.07 Provided that disciplinary/warning letters within there has been no subsequent disciplinary action taken against the employee, all documents relating to a disciplinary action shall be removed from an employee’s Human Resources File shall be removed after an eight file:
(8) month period i) twelve (12) months from the date the disciplinary action was recorded in the file; or
(ii) where the employee has taught the equivalent of issueat least a half (0.5) work assignment, provided that no further discipline has been recorded within that eight (8) month periodwhichever occurs first.
9.07 9.08 Employees have the right to review their full and complete Human Resources File no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s written consent, also has the right to review the employee’s Human Resources File. In order to do so, employees and/or the Union shall submit their request in writing to the FASR. An appointment for this review shall take place within three (3) days of receipt of the request.
9.08 9.09 With respect to consideration of information for decision making, hiring decisions are made in accordance with 11.03 11.04 and disciplinary decisions are made in accordance with 9.01.
9.09 Only written employment related records, included 9.10 Disciplinary records shall be retained in an employee’s confidence in a sealed envelope in the Human Resources File and may only be used for disciplinary purposesconsidered when relevant to an employment-related decision.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, SUSPENSION AND DISCHARGE. (a) The University shall not discipline, suspend or discharge an employee without just cause.
(b) It is acknowledged that if a disciplinary action is challenged through the grievance procedure, the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyed, destroyed and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) The timelines indicated in this Article may be extended by mutual agreement of the University and the Union.
(e) Sessional Lecturers covered by the terms of the Unit 2 Agreement shall not be required to exercise the management functions of discharging, reprimanding, suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her their supervisor.
9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 The University shall, in the process of progressive discipline, use verbal then, if warranted, written warnings. In such cases (pursuant to 9.05 (b)9.06), the employee shall be clearly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.059.06.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. suspension or discharge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sustained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. .
(b) The investigation, in and of itself, is not considered to constitute discipline.
(c) All investigations will be conducted as expeditiously as possible.
(d) The University may withhold information from an employee, decide not to notify the employee or delay notifying the employee if there are grounds to believe there is a risk of significant harm to another person or to University property or that the investigation may otherwise be jeopardized. In these situations, the Union will be notified in confidence of the circumstances and substance of the allegations.
(e) As soon as is practicable after an allegation has been made, the University shall inform the Union, when circumstances permit and in confidence, employee of the nature of the allegation that has been made and scope their right to seek assistance from the Union at all meetings involved in the investigation and disciplinary process.
(f) Within 10 days of an investigation which informing the employee of the allegation, the University believes may lead to disciplinary action against will initiate an employeeinvestigation. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, University of this entitlement prior to the meeting.
(bg) The University shall notify the employee of the tentative results of the investigation within ten (10) days of the results being known. Such notification shall inform the employee that discipline will not be imposed and that the investigation is closed or that the University believes discipline is warranted.
(1) The University may invite the employee to attend a meeting before the investigation is closed, and before any discipline is imposed, to allow the employee to respond and will be reminded of their right to be represented by a Union Designate representative.
(2) The employee may respond in person or through a Union representative. Should the employee fail to respond to the invitation within five (5) days or fail to attend a meeting on the matter, without reasonable excuse, the University may proceed with discipline.
(h) The University, the Union, and Members shall maintain the confidentiality of the fact and substance of procedures under this Article including the investigative process, its findings, and its outcome. Information will only be disclosed to those with a demonstrable need to know. Those in receipt of information pertaining to the procedures under this Article are bound to hold such information in confidence. The University may disclose information where it has grounds to believe that confidentiality may put a person at risk of significant harm or if the University is legally required to disclose.
(i) In a case of alleged harassment or human rights violations, the process can be interrupted if the complainant and the respondent agree to mediation. The process will continue if mediation fails.
9.06 When an employee is to be disciplined (i.e. verbal warning, written warning, suspension or discharge), such discipline shall be imposed at a meeting specifically convened for this purpose. The employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s copy of any written disciplinary action shall be provided to the Union at the meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to such meeting (where possible based on the timing of notification by the employee).
9.06 9.07 It is agreed that disciplinary/warning letters within an employee’s Human Resources File shall be removed after an eight (8) month period from date of issue, provided that no further discipline has been recorded within that eight (8) month period.
9.07 9.08 Employees have the right to review their full and complete Human Resources File no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s written consent, also has the right to review the employee’s Human Resources File. In order to do so, employees and/or the Union shall submit their request in writing to the FASR. An appointment for this review shall take place within three (3) days of receipt of the request.
9.08 9.09 With respect to consideration of information for decision making, hiring decisions are made in accordance with 11.03 11.04 and disciplinary decisions are made in accordance with 9.01.
9.09 Only written employment related records, included 9.10 Disciplinary records shall be retained in an employee’s confidence in a sealed envelope in the Human Resources File and may only be used for disciplinary purposesconsidered when relevant to an employment-related decision.
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, SUSPENSION AND DISCHARGE.
(a) The University shall not discipline, suspend or discharge an employee without just cause.
(b) It is acknowledged that if a disciplinary action is challenged through the grievance procedure, the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyed, destroyed and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) Sessional Lecturers covered The timelines indicated in this article may be extended by the terms mutual agreement of the Unit 2 Agreement shall not be required to exercise University and the management functions of discharging, reprimanding, suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her supervisorUnion.
9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 The University shall, in the process of progressive discipline, use verbal then, if warranted, written warnings. In such cases (pursuant to 9.05 (b)9.06), the employee shall be clearly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.05.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. i.e., suspension or discharge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sustained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. .
(b) The investigation, in and of itself, is not considered to constitute discipline.
(c) All investigations will be conducted as expeditiously as possible.
(d) The University may withhold information from an employee, decide not to notify the employee, or delay notifying the employee if there are grounds to believe there is a risk of significant harm to another person or to University property or that the investigation may otherwise be jeopardized. In these situations, the Union will be notified in confidence of the circumstances and substance of the allegations.
(e) As soon as is practicable after an allegation has been made, the University shall inform the Union, when circumstances permit and in confidence, employee of the nature of the allegation that has been made and scope their right to seek assistance from the Union at all meetings involved in the investigation and disciplinary process.
(f) Within 10 days of an investigation which informing the employee of the allegation, the University believes may lead to disciplinary action against will initiate an employeeinvestigation. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, University of this entitlement prior to the meeting.
(bg) The University shall notify the employee of the tentative results of the investigation within ten (10) days of the results being known. Such notification shall inform the employee that discipline will not be imposed and that the investigation is closed, or that the University believes discipline is warranted.
(1) The University may invite the employee to attend a meeting before the investigation is closed, and before any discipline is imposed, to allow the employee to respond and the employee will be reminded of their right to be represented by a Union representative.
(2) The employee may respond in person or through a Union representative. Should the employee fail to respond to the invitation within five (5) days or fail to attend a meeting on the matter without reasonable excuse, the University may proceed with discipline.
(h) The University, the Union, and Members shall maintain the confidentiality of the fact and substance of procedures under this article including the investigative process, its findings, and its outcome. Information will only be disclosed to those with a demonstrable need to know. Those in receipt of information pertaining to the procedures under this article are bound to hold such information in confidence. The University may disclose information where it has grounds to believe that confidentiality may put a person at risk of significant harm or if the University is legally required to disclose.
(i) In a case of alleged harassment or human rights violations, the process can be interrupted if the complainant and the respondent agree to mediation. The process will continue if mediation fails.
9.06 When an employee is to be disciplined (i.e. i.e., verbal warning, written warning, suspension or discharge), such discipline shall be imposed at a meeting specifically convened for this purpose. The employee shall be entitled to be represented at such meeting by a Union designateDesignate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s copy of any written disciplinary action shall be provided to the Union at the meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to such meeting (where possible based on the timing of notification by the employee).
9.06 It is agreed 9.07 Provided that disciplinary/warning letters within there has been no subsequent disciplinary action taken against the employee, all documents relating to a disciplinary action shall be removed from an employee’s Human Resources File shall be removed after an eight file:
(8) month period i) twelve (12) months from the date the disciplinary action was recorded in the file; or
(ii) where the employee has taught the equivalent of issueat least a half (0.5) work assignment, provided that no further discipline has been recorded within that eight (8) month periodwhichever occurs first.
9.07 9.08 Employees have the right to review their full and complete Human Resources File no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s written consent, also has the right to review the employee’s Human Resources File. In order to do so, employees and/or the Union shall submit their request in writing to the FASR. An appointment for this review shall take place within three (3) days of receipt of the request.
9.08 9.09 With respect to consideration of information for decision making, hiring decisions are made in accordance with 11.03 Article 11 and disciplinary decisions are made in accordance with 9.01Article 9.
9.09 Only written employment related records, included 9.10 Disciplinary records shall be kept in an employee’s a sealed envelope in the Human Resources File and may only be used for disciplinary purposes.considered when relevant to an employment-related decision
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, SUSPENSION AND DISCHARGE. (a) The University shall not discipline, suspend suspend, or discharge an employee without only with just cause.
. The University and the Union agree that the standard of just cause shall include, but not be limited to, job capabilities (b) It is acknowledged that if a disciplinary action is challenged through the grievance procedurewhich include familiarity with course materials), the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyedskill, and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) Sessional Lecturers covered by the terms of the Unit 2 Agreement shall not be required to exercise the management functions of discharging, reprimanding, suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her supervisor.
9.02 work The University recognizes recognizes, except in the case of gross misconduct, the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 . The University shall, in the process of progressive discipline, use verbal then, if warranted, and/or written warnings. In such cases (pursuant to 9.05 (b))cases, the employee shall be clearly explicitly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.05.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. suspension or discharge), except in the case of gross misconduct. The written disciplinary discipline warning shall include a description of the improvement required and identify a reasonable time period in which to the employee must demonstrate the required sustained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. The University will inform the Union, when circumstances permit and in confidence, of the nature and scope of an investigation which the University believes may lead to disciplinary action against an employee. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union designate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting.
(b) When an employee is to be disciplined (i.e. i.e., verbal warning, written warning, suspension suspension, or discharge), such discipline a meeting shall be imposed at a meeting convened specifically convened for this that purpose. The employee shall be entitled to be represented at accompanied to such meeting by a Union designaterepresentative, if the employee so chooses. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s A copy of any written disciplinary action letter shall be provided to the Union at the within seven (7) days of such meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to such meeting (where possible based on the timing of notification by the employee).
9.06 It is agreed that disciplinary/warning letters within an employee’s Human Resources File shall be removed after an eight retained on file for twenty-four (8) month period from date 24) months or completion of issue, provided that no further discipline has been recorded within that eight (8) month period.
9.07 Employees have the right to review their full and complete Human Resources File no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s written consentdegree program, also has the right to review the employee’s Human Resources Filewhichever occurs first. In order to do so, employees and/or the Union appointments shall submit their request in writing be offered according to the FASR. An appointment for this review shall take place within three (3) days of receipt of the request.
9.08 With respect to consideration of information for decision making, hiring decisions are made in accordance with 11.03 and disciplinary decisions are made in accordance with 9.01.
9.09 Only written employment related records, included in an employee’s Human Resources File may be used for disciplinary purposes.criteria stated below:
Appears in 1 contract
Samples: Collective Agreement
DISCIPLINE, SUSPENSION AND DISCHARGE. (a) The University shall not discipline, suspend or discharge an employee without just cause.
(b) It is acknowledged that if a disciplinary action is challenged through the grievance procedure, the onus rests with the University to demonstrate just cause.
(c) In the event that allegations which have initiated disciplinary proceedings against an employee are subsequently shown to be false or unsubstantiated, all written documentation related to such allegations shall be destroyed, and such false or unsubstantiated allegations shall not be relied upon in any future action.
(d) Sessional Lecturers covered by The University and the terms Union agree that there shall be a lesser standard of just cause for probationary employees, and the Unit 2 Agreement standard shall include, but not be required to exercise the management functions of discharginglimited to, reprimandingjob capabilities (which includes familiarity with course materials), suspending or otherwise disciplining Teaching Assistants assigned to them. The Sessional Lecturer shall be accountable for reporting concerns that may lead to such actions to her supervisorskill and work efficiency/productivity.
9.02 The University recognizes the principle of progressive discipline and shall utilize such an approach when addressing issues requiring a disciplinary response. It is acknowledged that disciplinary action with respect to employment matters may be subject to challenge through the grievance procedure.
9.03 The University shall, in the process of progressive discipline, use verbal then, if warranted, written warnings. In such cases (pursuant to 9.05 (b)), the employee shall be clearly informed that it is a verbal or written warning. The investigation of circumstances leading to a decision to take disciplinary action and the communication of such disciplinary action shall be conducted in accordance with 9.05.
9.04 A written disciplinary warning shall precede more serious disciplinary action (i.e. suspension or discharge), except in the case of gross misconduct. The written disciplinary warning shall include a description of the improvement required and identify a reasonable time period in which to demonstrate the required sustained improvement in the area of concern.
(a) It is understood that no disciplinary action will be taken prior to the University investigating the circumstances leading to the decision to take such disciplinary action. The University will inform the Union, when circumstances permit and in confidence, of the nature and scope of an investigation which the University believes may lead to disciplinary action against an employee. When such investigation requires meeting with the employee, the employee shall be entitled to be represented at such meeting by a Union Xxxxxxx and/or Union designate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting.
(b) When an employee is to be disciplined (i.e. verbal warning, written warning, suspension or discharge), such discipline shall be imposed at a meeting specifically convened for this purpose. The employee shall be entitled to be represented at such meeting by a Union Xxxxxxx and/or Union designate. The employee shall be reminded, with reasonable notice, by the University, of this entitlement prior to the meeting. The Union’s 's copy of any written disciplinary action shall be provided to the Union at the meeting. If, after proper notification, the employee refuses, in writing, the right to Union representation (and the Union is therefore not present at the meeting), a copy of both the letter and the written refusal shall be provided to the Union prior to within three (3) days of such meeting (where possible based on the timing of notification by the employee)meeting.
9.06 It is agreed that disciplinary/warning letters within an employee’s 's Human Resources File Resource file shall be removed after an eight (8) month period from date of issue, provided that no further discipline has been recorded within that eight (8) month period.
9.07 Employees have the right to review their full and complete Human Resources File Resource file no more than once (1) per academic semester and additionally once during a grievance process. The Union, with the employee’s 's written consent, also has the right to review the employee’s 's Human Resources FileResource file. In order to do so, employees and/or the Union shall submit their request in writing to the FASREmployee Relations section of Human Resources. An appointment for this review shall take place within three (3) days of receipt of the request.
9.08 With respect to consideration of information for decision making, hiring decisions are made in accordance with Clause 11.03 and disciplinary decisions are made in accordance with Clause 9.01.
9.09 Only written employment related records, included in an employee’s 's Human Resources Resource File may be used for disciplinary purposes.
Appears in 1 contract
Samples: Collective Agreement
