Discipline, Suspension or Dismissal Sample Clauses

Discipline, Suspension or Dismissal. An employee may be disciplined, suspended or dismissed only for just and reasonable cause and only by the Employer. When an employee is disciplined, suspended or dismissed, the employee shall be given the reason in the presence of the employee's Xxxxxxx. If the employee is being suspended or dismissed, the employee and the Union shall also be advised promptly in writing of the reason for such suspension or dismissal. Failure on the part of the Employer to comply with the above shall mean the employee shall be reinstated immediately and made whole, and all alleged charges of any misconduct shall be dismissed.
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Discipline, Suspension or Dismissal. The Society will not discipline, suspend or dismiss an employee except for just and reasonable cause.
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Discipline, Suspension or Dismissal. The School shall not discipline, suspend or dismiss an employee except for just and reasonable cause.
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Discipline, Suspension or Dismissal. 10.01 No Employee shall be disciplined without just cause. This does not prevent immediate discipline or dismissal for just cause or the dismissal of an Employee serving a probation period. 10.02 An Employee shall have the right to have a Union Xxxxxxx and/or Representative present during any disciplinary meeting with the Employer or any investigation that may result in disciplinary action. 10.03 An Employee may be disciplined, suspended with or without pay or dismissed with just cause for misconduct or incompetence, including but not limited to the following: (a) Any abuse of any individual(s) as defined by the Abuse of Individuals in Service Policy; (b) Failure to obtain and maintain mandatory training and/or certification within the required timelines; (c) Any Casual Employee who has not made themselves available or has not worked in the previous two (2) months; (i) Is absent from scheduled work for a period of two (2) or more consecutive working days without the approval of the Employer of such absence; (ii) Fails to report to work as scheduled at the end of a leave of absence, vacation or suspension, without reasonable explanation acceptable to the Employer; or (iii) Utilizes a leave of absence for purposes other than that for which the leave was granted. 10.04 The Employee shall be given the opportunity to sign any written notice of discipline, for the sole purpose of indicating that they are aware of the disciplinary notice. 10.05 An Employee who has been subject to disciplinary action may, after eighteen (18) months of continuous service from the date the disciplinary measure was invoked, request in writing that their personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee's file does not contain any further record of disciplinary action during the eighteen (18) month period. The Employer will confirm in writing to the Employee that such action has been effected.
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Discipline, Suspension or Dismissal. 9.01 A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Employer at Step 2 of the grievance procedure within seven (7) days after the date the discharge is affected. Such grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Employer’s action in dismissing the employee; or (b) reinstating the employee with or without compensation for time lost less any Employment Insurance received by the employee which he is not obligated to repay and any additional compensation received from any sources during the non-working period. It is understood that an employee has a duty to mitigate any loss where possible; or (c) by any other arrangement which may be deemed just and equitable by the parties or the Arbitration Board; or (d) ending employment and providing a termination payment. (a) When an employee is called to a meeting by the Employer where discipline will be imposed, the employee will be informed of the right to have a Union Xxxxxxx present. The interview will not proceed until a Union representative is present and this provision is mandatory. If the Employee chooses the Union Xxxxxxx will act only as a silent witness. (b) Where discipline is sent to an absent employee by letter rather than in person, the Union will be provided with a copy of the letter. (c) Coach and counsels and other daily supervisory corrections, which may or may not result in notes being maintained and/or placed in an employee’s file, are not disciplinary and may not be grieved. (d) It is noted that not all communications will start at the coach and counsel stage. For some offences, one or more of the corrective counseling steps may be skipped. (e) It is agreed and understood that disciplinary meetings should be held in a timely fashion. Unless there are mitigating reasons, disciplinary meetings will be held within ten (10) calendar days following the date of the incident, or within ten (10) calendar days the Employer became aware of the incident, unless the incident is being investigated by a law enforcement or regulatory agency. (f) Employees must sign acknowledgement of PVN’s, memos on policy clarifications and training acknowledgement documents, thereby verifying they received and understood the information communicated. Refusal to sign will be subject to discipline. Note: A signature on a PVN will only ind...
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Discipline, Suspension or Dismissal. 9.01 When an employee is called to a meeting by the Employer where discipline or discharge will be imposed, the employee will have a Union Xxxxxxx present. The Employer agrees that discipline should normally be progressive and corrective in nature and, depending upon the nature of the infraction and depending upon the severity of the infraction, should normally commence with a written warning. 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. 9.02 Where an employee maintains a record free from discipline for a period of twelve (12) months, all records of discipline (save and except for gross misconduct which will remain on the record for a period of three (3) years) will not be relied upon in future discipline. Gross misconduct includes but is not limited to: (a) A breach of the Ontario Human Rights Code; (b) Health and safety infractions threatening health; (c) Violence, swearing or threats of violence directed at a customer, co-worker or supervisor or other insubordination.
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Discipline, Suspension or Dismissal. 9.01 A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Employer at the formal step of the grievance procedure within seven (7) days after the date the discharge is effective: Such grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Employer’s action in dismissing the employee, or (b) reinstating the employee with or without compensation for time lost less any Employment Insurance received by the employee which he is not obligated to repay and any additional compensation received from any sources during the non-working period. It is understood that an employee has a duty to mitigate any loss where possible; or (c) by any other arrangement which may be deemed just and equitable by the parties or the Arbitration Board; and (d) ending employment and providing a termination payment. 9.02 Discipline or discharge of a probationary employee is not subject to the grievance 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 accept 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 will be imposed, the employee will be informed of the right to have a Union Xxxxxxx present. The interview will not proceed until a Union Representative is present and this provision is mandatory. If the Employee chooses, the Union Xxxxxxx will act only as a silent witness. (b) Where discipline is sent to an absent employee by letter rather than in person, the local Business Representative will be provided with a copy of the letter. (c) Coach and counsels and other daily supervisory corrections, which may or may not result in notes being maintained and/or placed in an employee’s file, are not disciplinary and may not be grieved. These will be admissible at hearings only to demonstrate an awareness and understanding of the Employer’s expectations. (d) It is noted that not all communications will start at the coach and counsel stage. For some offences, one or more of the corrective coun...
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Discipline, Suspension or Dismissal. (a) No employee shall be dismissed, suspended or otherwise disciplined except for just cause, subject to Article 9.03.01. (b) When disciplinary action is verbal, the employee shall be advised of the specific reason(s) and of his/her right to appeal the disciplinary action. Employees shall not be disciplined in any other manner prior to an investigation hearing into an incident or issue where discipline, suspension or dismissal is contemplated. Notice of such a hearing shall be given to the Union and employee(s) not less than forty-eight
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Discipline, Suspension or Dismissal. (a) No employee shall be dismissed, suspended or otherwise disciplined except for just cause, subject to Article 9.03.01; (b) When disciplinary action is verbal, the employee shall be advised of the specific reason(s) and of his/her right to appeal the disciplinary action. Employees shall not be disciplined in any other manner prior to an investigation hearing into an incident or issue where discipline, suspension or dismissal is contemplated. Notice of such a hearing shall be given to the Union and employee(s) not less than forty-eight (48) hours prior to the time and date of the hearing and the meeting shall take place as scheduled subject to Article 13.
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Related to Discipline, Suspension or Dismissal

  • Dismissal or Suspension Grievances (a) In the case of a dispute arising from an employee’s dismissal, the grievance may be filed directly at Step 3, within thirty (30) days of the date on which the dismissal occurred, or within thirty (30) days of the employee receiving notice of dismissal. (b) In the case of a dispute arising from an employee’s suspension, the grievance may commence at Step 2 of the grievance procedure within thirty (30) days of the date on which the suspension occurred, or within (30) days of the employee receiving notice of suspension.

  • Dismissal and Suspension Grievance All dismissals and suspensions will be subject to formal grievance procedure under Article 7 of this Agreement. A copy of the written notice of dismissal or suspension shall be forwarded to the President of the Union within five (5) days of the action being taken.

  • Dismissal or Suspension Grievance (a) In the case of a dispute arising from an employee's dismissal, the grievance may be filed directly at arbitration within thirty (30) days of the date on which the dismissal occurred, or within thirty (30) days of the employee receiving notice of dismissal. (b) In the case of a dispute arising from an employee's suspension, the grievance may commence at Step 2 of the grievance procedure within thirty (30) days of the date on which the suspension occurred, or within thirty (30) days of the employee receiving notice of suspension.

  • Dismissal/Suspension for Alleged Cause Employees dismissed or suspended for alleged cause shall have the right within seven (7) calendar days after the date of dismissal or suspension to initiate a grievance at Step Three of the grievance procedure.

  • Dismissal and Suspension (a) The Employer may dismiss or suspend for just cause any employee who has completed their probationary period. Notice of dismissal or suspension will be in writing and will set forth the reasons for dismissal or suspension and an employee will have the right to have a xxxxxxx present, providing that this does not result in an undue delay of the appropriate action being taken. A copy of the written notice of suspension or dismissal will be forwarded to the President of the Union or the designated staff representative within five working days. (b) A suspension of indefinite duration will be considered a dismissal under 11.2(a) above as soon as it exceeds 20 days and any grievance already filed will be considered henceforth as a dismissal grievance.

  • Amendment, Suspension or Termination of the Plan By accepting this Award, Participant expressly warrants that he or she has received an Award of Restricted Stock Units under the Plan, and has received, read and understood a description of the Plan. Participant understands that the Plan is discretionary in nature and may be amended, suspended or terminated by the Company at any time.

  • Unjust Suspension or Discharge Should it be found upon investigation that an employee has been unjustly suspended, discharged or disciplined, such employee shall be immediately reinstated in his/her former position, without loss of seniority, and shall be compensated for all time lost in an amount equal to his/her normal earnings plus interest, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties or in the opinion of the arbitrator if the matter is referred to such arbitrator.

  • Suspension or Debarment In addition to the representations and requirements set forth in Section C.4: (a) The Contractor certifies for itself and Contractor Parties involved in the administration of federal or state funds that they: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any governmental agency (federal, state or local); (2) within a three year period preceding the effective date of this Contract, have not been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; for violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the above offenses; and (4) have not within a three year period preceding the effective date of this Contract had one or more public transactions terminated for cause or fault. (b) Any change in the above status shall be immediately reported to the Agency.

  • TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees:

  • Permanent Suspension or Prohibition If the Employee is removed and/or permanently prohibited from participating in the conduct of the Bank's affairs by an order issued under Section 8(e)(4) or (g)(1) of the FDIA, 12 U.S.C. ss. 1818(e)(4) and (g)(1), all obligations of the Bank under this Agreement shall terminate as of the effective date of the order, but vested rights of the contracting parties shall not be affected.

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