Common use of Dismissal for Personal/Professional Misconduct Clause in Contracts

Dismissal for Personal/Professional Misconduct. a. Where an employee is under investigation by the Board for alleged personal or professional misconduct, which misconduct might give grounds for a suspension or dismissal, the employee and the Association shall be immediately advised of that fact, in writing, and of the particulars of such allegations, unless reasonable grounds exist for the Board to conclude that such notification would prejudice its investigation. In any event, the employee and the Association shall be notified of such matters at the earliest reasonable time, and before any action is finalized by the Board. b. In addition, the employee shall be advised of their right to be accompanied by a representative of the Association, at any meeting in connection with such investigation. c. Unless the employee waives the right to such meeting, the Board shall not suspend or dismiss an employee for personal or professional misconduct (other than a suspension to which section 15(4) and 15(5) of the School Act reasonably apply), unless the Board has, prior to taking such action, held a meeting of the Board, with the employee entitled to be present, in respect of which: i. the employee and the Association have been given seventy-two (72) hours’ notice, ii. at the time such notice is given, the employee and the Association shall be given a full and complete written statement of the particulars of the allegation(s), and all documents that will be considered at the meeting, iii. the employee, or the Association on the employee's behalf, may file a written reply to the allegations prior to the meeting, iv. at such meeting the employee shall be accompanied by a representative and/or advocate appointed by the Association, and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board, to call witnesses, and to question any person presenting evidence to the Board, v. the decision of the Board shall be communicated, in writing, to the employee and the Association, and shall contain a full and complete statement of the grounds for the decision.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Dismissal for Personal/Professional Misconduct. a. Where an employee is under investigation by the Board for alleged personal or professional misconduct, which misconduct might give grounds for a suspension or dismissal, the employee and the Association shall be immediately advised of that fact, in writing, and of the particulars of such allegations, unless reasonable grounds exist for the Board to conclude that such notification would prejudice its investigation. In any event, the employee and the Association shall be notified of such matters at the earliest reasonable time, and before any action is finalized by the Board. b. In addition, the employee shall be advised of their his/her right to be accompanied by a representative of the Association, at any meeting in connection with such investigation. c. Unless the employee waives the right to such meeting, the Board shall not suspend or dismiss an employee for personal or professional misconduct (other than a suspension to which section 15(4) and 15(5) of the School Act reasonably apply), unless the Board has, prior to taking such action, held a meeting of the Board, with the employee entitled to be present, in respect of which: i. the employee and the Association have been given seventy-two (72) hoursnotice, ii. at the time such notice is given, the employee and the Association shall be given a full and complete written statement of the particulars of the allegation(s), and all documents that will be considered at the meeting, iii. the employee, or the Association on the employee's behalf, may file a written reply to the allegations prior to the meeting, iv. at such meeting the employee shall be accompanied by a representative and/or advocate appointed by the Association, and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board, to call witnesses, and to question any person presenting evidence to the Board, v. the decision of the Board shall be communicated, in writing, to the employee and the Association, and shall contain a full and complete statement of the grounds for the decision.

Appears in 1 contract

Samples: Collective Agreement

Dismissal for Personal/Professional Misconduct. a. Where an employee is under investigation by the Board for alleged personal or professional misconduct, which misconduct might give grounds for a suspension or dismissal, the employee and the Association shall be immediately advised of that fact, in writing, and of the particulars of such allegations, unless reasonable grounds exist for the Board to conclude that such notification would prejudice its investigation. In any event, the employee and the Association shall be notified of such matters at the earliest reasonable time, and before any action is finalized by the Board. b. In addition, the employee shall be advised of their his/her right to be accompanied by a representative of the Association, at any meeting in connection with such investigation. c. Unless the employee waives the right to such meeting, the Board shall not suspend or dismiss an employee for personal or professional misconduct (other than a suspension to which section 15(4) and 15(5) of the School Act reasonably apply), unless the Board has, prior to taking such action, held a meeting of the Board, with the employee entitled to be present, in respect of which: i. the employee and the Association have been given seventy-two (72) hours’ notice, ii. at the time such notice is given, the employee and the Association shall be given a full and complete written statement of the particulars of the allegation(s), and all documents that will be considered at the meeting, iii. the employee, or the Association on the employee's behalf, may file a written reply to the allegations prior to the meeting, iv. at such meeting the employee shall be accompanied by a representative and/or advocate appointed by the Association, and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board, to call witnesses, and to question any person presenting evidence to the Board, v. the decision of the Board shall be communicated, in writing, to the employee and the Association, and shall contain a full and complete statement of the grounds for the decision.

Appears in 1 contract

Samples: Collective Agreement

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Dismissal for Personal/Professional Misconduct. a. Where an employee is under investigation by the Board for alleged personal or professional misconduct, which misconduct might give grounds for a suspension or dismissal, the employee and the Association shall be immediately advised of that fact, in writing, and of the particulars of such allegations, unless reasonable grounds exist for the Board to conclude that such notification would prejudice its investigation. In any event, the employee and the Association shall be notified of such matters at the earliest reasonable time, and before any action is finalized by the Board. b. In addition, the employee shall be advised of their his/her right to be accompanied by a representative of the Association, at any meeting in connection with such investigation. c. Unless the employee waives the right to such meeting, the Board shall not suspend or dismiss an employee for personal or professional misconduct (other than a suspension to which section 15(4) and 15(5) of the School Act reasonably apply), unless the Board has, prior to taking such action, held a meeting of the Board, with the employee entitled to be present, in respect of which: i. the employee and the Association have been given seventy-two (72) hours’ hour's notice, ii. at the time such notice is given, the employee and the Association shall be given a full and complete written statement of the particulars of the allegation(s), and all documents that will be considered at the meeting, iii. the employee, or the Association on the employee's behalf, may file a written reply to the allegations prior to the meeting, iv. at such meeting the employee shall be accompanied by a representative and/or advocate appointed by the Association, and they shall be entitled to hear all the evidence presented to the Board, to receive copies of all documents placed before the Board, to call witnesses, and to question any person presenting evidence to the Board, v. the decision of the Board shall be communicated, in writing, to the employee and the Association, and shall contain a full and complete statement of the grounds for the decision.

Appears in 1 contract

Samples: Collective Agreement

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