Common use of EMPLOYEE'S FILE Clause in Contracts

EMPLOYEE'S FILE. (a) If anything is placed on an employee's file(s) the employee shall have the right to a copy of it and the right to reply in writing and such reply shall become part of the employee's record. No adverse comment, warning, record of discipline or negative criticism will be placed on an employee's file without the employee being provided with a copy in a timely manner and the Employer agrees not to use against an employee anything from the employee's file of which the employee was not made aware and provided a copy in a timely manner following the event giving rise to the comment, warning, record of discipline or criticism. (b) Any act of meritorious conduct by an employee will be recorded on the employee's file and a copy will be given to the employee. (c) An employee shall have the right to make an appointment to see her/his complete file within a reasonable time of the request, including all files wherever kept, during business hours without loss of pay and shall be permitted to respond in writing to anything in the file whether or not she/he has previously responded and such response shall become part of the employee's file. The employee, at her/his discretion, may be accompanied by a Union representative and shall be entitled to a copy of any information contained in the file at the Employer's expense. The employee shall not remove anything from the file. (d) Any record of discipline shall be removed from an employee's file(s), and shall not be used against her/him any time after twenty-four (24) months of discipline free work from the date the discipline was imposed. This shall also apply to files which existed, prior to the signing of this collective agreement, on bargaining unit members. Notwithstanding the foregoing, the record of an employee with respect to sexual assault or sexual harassment may be used against that employee at any time for other incidents of a similar nature.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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EMPLOYEE'S FILE. (a) If anything is placed on an employee's file(s) file, the employee shall have the right to a copy of it and the right to reply in writing and such reply shall become part of the employee's record. No adverse comment, warning, record of discipline warning or negative criticism will be placed on an employee's file without the employee being provided with a copy in a timely manner manner, and the Employer agrees not to subsequently use against an employee anything from the employee's file of which the employee was not made aware and provided a copy in a timely manner following the event giving rise to the comment, warning, record of discipline warning or criticism. (b) Any act letter of meritorious conduct commendation or thanks received by an employee will the Employer shall be recorded on the employee's file and a copy will be given forwarded to the employeeemployee concerned. (c) An employee shall have the right to make an appointment at any time, with four (4) working day's notice, to see her/his her complete file within a reasonable time of the requestfile, including all files wherever kept, during business the employee=s working hours without loss of pay and shall be permitted to respond in writing to anything in the file whether or not she/he has previously responded and such response shall become part of the employee's file. The employee, at her/his discretion, employee may be accompanied by a Union representative and shall be entitled to a copy of the complete file once and shall be provided with a copy of all subsequent material in accordance with Article 4.04(a). A representative of the Employer may attend. If an employee wishes to see her file more than twice in any information contained in calendar year, she shall make a request to the file at the Employer's expense. The employee Director of Human Resources or designate, who shall not remove anything from the fileunreasonably refuse. (d) Any adverse comment, warning, negative criticism and the record of any discipline shall be removed from an employee's file(s), and shall not be used against her/him any time an employee after twenty-four thirty (2430) months of discipline free work from the date of occurrence and shall be removed from her file(s). Such records shall not be removed from the file until thirty (30) months have expired from the most recent written comment, warning, criticism or record of discipline was imposedrelating to the same or a similar offence. The thirty (30) months may be extended by any period that an employee is absent for an unbroken period of more than ninety (90) days. This shall also apply to files which existed, existed on bargaining unit members prior to the signing of this collective agreement, on bargaining unit members. Notwithstanding the foregoing, the record of an employee with respect to confirmed instances of personal harassment, sexual harassment, sexual assault or and sexual harassment may abuse shall remain on an employee's file. Performance appraisals are not included under this provision. (e) Any record of discipline will be used against that employee at any time for other incidents of provided to the Union office in a similar naturetimely manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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EMPLOYEE'S FILE. (a) If anything is placed on an employee's file(s) file, the employee shall have the right to a copy of it and the right to reply in writing and such reply shall become part of the employee's record. No adverse comment, warning, record of discipline warning or negative criticism will be placed on an employee's file without the employee being provided with a copy in a timely manner manner, and the Employer agrees not to subsequently use against an employee anything from the employee's file of which the employee was not made aware and provided a copy in a timely manner following the event giving rise to the comment, warning, record of discipline warning or criticism. (b) Any act letter of meritorious conduct commendation or thanks received by an employee will the Employer shall be recorded on the employee's file and a copy will be given forwarded to the employeeemployee concerned. (c) An employee shall have the right to make an appointment at any time, with four (4) working days’ notice, to see her/his their complete file within a reasonable time of the requestfile, including all files wherever kept, during business the employee’s working hours without loss of pay and shall be permitted to respond in writing to anything in the file whether or not she/he has previously responded and such response shall become part of the employee's file. The employee, at her/his discretion, employee may be accompanied by a Union representative and shall be entitled to a copy of the complete file once and shall be provided with a copy of all subsequent material in accordance with Article 4.05 (a). A representative of the Employer may attend. If an employee wishes to see their file more than twice in any information contained in calendar year, the file at the Employer's expense. The employee shall make a request to the Manager, Employee and Labour Relations or designate, who shall not remove anything from the fileunreasonably refuse. (d) Any adverse comment, warning, negative criticism and the record of any discipline shall be removed from an employee's file(s), and shall not be used against her/him any time an employee after twenty-four thirty (2430) months of discipline free work from the date of occurrence and shall be removed from the employee’s file(s). Such records shall not be removed from the file until thirty (30) months have expired from the most recent written comment, warning, criticism or record of discipline was imposedrelating to the same or a similar offence. The thirty (30) months may be extended by any period that an employee is absent for an unbroken period of more than ninety (90) days. This shall also apply to files which existed, existed on bargaining unit members prior to the signing of this collective agreement, on bargaining unit members. Notwithstanding the foregoing, the record of an employee with respect to confirmed instances of personal harassment, sexual harassment, sexual assault or and sexual harassment may abuse shall remain on an employee's file. Performance appraisals are not included under this provision. (e) Any record of discipline will be used against that employee at any time for other incidents of provided to the Union office in a similar naturetimely manner.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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