Common use of DISMISSAL, SUSPENSION, DEMOTION OR OTHER DISCIPLINE Clause in Contracts

DISMISSAL, SUSPENSION, DEMOTION OR OTHER DISCIPLINE. Section 1. No permanent employee who has completed the working test period shall be reprimanded, demoted, suspended or dismissed except for just cause. Just cause may include but is not necessarily restricted to incompetence, inefficiency, neglect of duty, misconduct or insubordination. In determining just cause, Personnel Regulation 5-240 governing discipline is hereby incorporated by reference. Section 2. The parties jointly recognize the deterrent value of disciplinary action and, whenever appropriate, disciplinary action will be preceded by warning and opportunity for corrective action. Nothing in this Section shall prohibit the Employer from bypassing progressive discipline when the nature of the offense requires and the failure to apply progressive discipline shall not in and of itself be cause for overturning the disciplinary action. Section 3. In cases which involve serious misconduct, a criminal investigation or the disposition of a criminal charge, and where it has been determined by the Employer that the presence of the employee at work could be harmful to the public, the welfare, health, security or safety of clients, patients, inmates or state employees or state property, the employee may be placed on a paid leave of absence to permit investigation for a period of up to sixty (60) calendar days. The paid leave under this section may be extended for the period of the pre-discipline procedure and the discipline notice period.

DISMISSAL, SUSPENSION, DEMOTION OR OTHER DISCIPLINE. Section 1. No permanent employee who has completed the working test period shall be reprimanded, demoted, suspended or dismissed except for just cause. Just cause may include but is not necessarily restricted to incompetence, inefficiency, neglect of duty, misconduct or insubordination. In determining just cause, Personnel Regulation 5-240 governing discipline is hereby incorporated by reference. Section 2. The parties jointly recognize the deterrent value of disciplinary action and, whenever appropriate, disciplinary action will be preceded by warning and opportunity for corrective action. Nothing in this Section shall prohibit the Employer from bypassing progressive discipline when the nature of the offense requires and the failure to apply progressive discipline shall not in and of itself be cause for overturning the disciplinary action. Section 3. In cases which involve serious misconduct, a criminal investigation or the disposition of a criminal charge, and where it has been determined by the Employer that the presence of the employee at work could be harmful to the public, the welfare, health, security or safety of clients, patients, inmates or state employees or state property, the employee may be placed on a paid leave of absence to permit investigation for a period of up to sixty (60) calendar days. The paid leave under this section may be extended for the period of the pre-pre- discipline procedure and the discipline notice period.