Common use of Dismissal and Suspension - Remedy Clause in Contracts

Dismissal and Suspension - Remedy. An employee who alleges wrongful dismissal, discipline, or suspension by the Employer shall be entitled to have such grievance settled in accordance with the grievance procedure set forth in Article 17. If the employee is found by a Board of Arbitration appointed under the provisions of Article 17 to be dismissed, suspended or otherwise disciplined for other than proper cause, the Board of Arbitration may: (a) direct the Employer to reinstate the employee and pay to the employee a sum equal to the employee's wages lost by reason of the dismissal, suspension or other discipline, or such lesser sum as in the opinion of the Board of Arbitration is fair and reasonable; or (b) make such order as it considers fair and reasonable, having regard to the terms of this Agreement. (c) In the event an employee is wrongfully dismissed or suspended, and is subsequently reinstated, either as a result of direct negotiation with the Employer, or as a result of a decision of an Arbitrator or a Board of Arbitration outlined in the grievance procedure contained in this Agreement, such employee may receive payment of all wages or salary and be entitled to all additional benefits the employee would have otherwise received but for wrongful dismissal or suspension, subject to Article 17.5(a) and (b). An employee who is reinstated by a Board of Arbitration shall be entitled to reinstatement without loss of seniority.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Dismissal and Suspension - Remedy. An employee who alleges wrongful dismissal, discipline, or suspension by the Employer Corporation shall be entitled to have such grievance settled in accordance with the grievance procedure set forth in Article 17. If the employee is found by a Board of Arbitration appointed under the provisions of Article 17 to be dismissed, suspended or otherwise disciplined for other than proper cause, the Board of Arbitration may: (a) direct the Employer Corporation to reinstate the employee and pay to the employee a sum equal to the employee's wages lost by reason of the dismissal, suspension or other discipline, or such lesser sum as in the opinion of the Board of Arbitration is fair and reasonable; or (b) make such order as it considers fair and reasonable, having regard to the terms of this Agreement. (c) In the event an employee is wrongfully dismissed or suspended, and is subsequently reinstated, either as a result of direct negotiation with the EmployerCorporation, or as a result of a decision of an Arbitrator or a Board of Arbitration outlined in the grievance procedure contained in this Agreement, such employee may receive payment of all wages or salary and be entitled to all additional benefits the employee would have otherwise received but for wrongful dismissal or suspension, subject to Article 17.5(a) and (b). An employee who is reinstated by a Board of Arbitration shall be entitled to reinstatement without loss of seniority.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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