Formal Action. Client has the corporate power and authority to execute and deliver this Agreement and to perform each of its obligations hereunder and this Agreement has been duly approved by Client's Board of Directors.
Formal Action. SUPERINTENDENT
12.4.1 Within 15 days after the receipt of the written grievance by the superintendent, the superintendent shall meet with the aggrieved person to resolve it. The superintendent shall render a written decision within 10 working days of the meeting.
Formal Action. 41.2.1 The supervisor will discuss the matter of unsatisfactory performance with their Head of Element and the Director, HR, or delegate, will be notified prior to taking any further steps.
41.2.2 The supervisor will provide the employee with a written statement setting out specific aspects of performance which are unsatisfactory and the improvements in performance which are required. The supervisor will also specify a timeframe within which performance should improve and at the end of which a review will be held. The duration of the timeframe will be reasonable, having regard to the nature of the nominated performance shortcomings. The supervisor will further specify any support and/or development activities to be made available during this period. The employee has the right to respond to an assessment of unsatisfactory performance through a written response, which will be considered by the supervisor. All documentation will be kept on file and a copy provided to the employee. Documentation will include the employee’s response to the assessment of unsatisfactory work performance. The Head of Element and Director, HR will be advised that a written notification(s) of performance concerns has been issued.
41.2.3 If the employee’s performance is still regarded by the supervisor as unsatisfactory, normally at the end of the review period, the supervisor will submit a report through their Head of Element to the Director, HR. The report shall include copies of previous counselling, written notifications, any statement(s) made by the employee and a clear statement of aspects of performance considered to be unsatisfactory. The supervisor will notify the employee of their intention to make the report and the proposed recommendation to the Head of Element and provide a copy to the employee. The Head of Element may recommend 1 of the forms of disciplinary action as defined in this Agreement. The employee has 10 working days to submit a response to the Director, HR.
Formal Action. 42.3.1 If the Director, HR decides to proceed with formal action, they will:
a) notify the employee in writing, setting out the allegation(s).
b) include sufficient detail to enable the employee to understand the nature of the allegation(s), and to properly consider and respond to them including any relevant documents.
c) inform the employee that they are entitled, within 10 working days of receiving a copy of the allegation(s), to submit a written response to the Director, HR.
42.3.2 Notification in writing will be deemed to have been served if sent by registered mail to the last known home address of the employee.
42.3.3 Depending on the nature of the allegation(s), the Director, HR (or delegated authority) may, without prejudice, determine that it is appropriate to suspend the employee with pay while an investigation is being conducted.
42.3.4 If the employee admits the allegation(s) in full and the Director, HR is of the opinion that the behaviour amounts to misconduct or serious misconduct then the Director, HR may recommend one of the disciplinary actions described in Definitions Subclause 10.2.9 to the Relevant Senior Officer.
42.3.5 If the employee denies, or partially denies the allegations or fails to respond to the allegations, the Director, HR (or delegated authority) will consider the allegations and any relevant evidence, the employee’s response and any mitigating circumstances. Following this, the Director, HR (or delegated authority) may:
a) take no further action and advise the employee in writing of the decision;
b) require a further investigation to be undertaken in order to more fully establish the circumstances.
c) determine that there is a case for the employee to answer.
Formal Action. A. An employee has the right to C.S.E.A. representation during formal disciplinary procedures including reprimands. When a request for representation is made, no such formal action shall be taken with respect to the employee until there has been a reasonable opportunity for such representative to be present. This right to union representation does not include normal progress performance and evaluation interviews or observations.
B. If the County suspends or discharges an employee they will notify the employee by letter of the effective date of the proposed action as well as the length of any proposed action. This letter shall also specify the reasons for such action.
C. Meetings regarding disciplinary matters shall be an attempt to xxxxxx discussion leading to a resolution of the relevant issues.
D. The County shall advise employees of the nature of meetings with management at the beginning of such meetings.
E. All disciplinary actions for any alleged infraction shall be made with due regard for individual privacy.
Formal Action. Any resolution, rule, motion or formal action shall be deliberated and voted upon in an open meeting except to the extent deliberation occurs in an executive session, which shall be held only at a regular or special meeting and only for the purpose of considering those matters permitted by law to be considered at executive sessions.
Formal Action. Pledgor has all requisite power and authority to execute, deliver and perform this Agreement.
Formal Action. (a) Where concerns about an employee’s conduct and/or work performance have not been resolved under routine supervision, or where routine supervision may not be appropriate, formal disciplinary action may be taken by ACON. All formal disciplinary action must be documented.
(b) An employee must be informed in advance that they are required to attend a disciplinary meeting. At the disciplinary meeting, the employee must be provided with documentation stipulating the unsatisfactory behaviour. The employee must then be given time to formally respond to the allegations (for example, 24 hours) after which the meeting is to reconvene.
(c) Once the employee’s response has been considered and formal action is to be taken, the formal action must be documented and must state the period of time after which the employee’s behaviour will be reviewed. Any assistance such as training, provision of appropriate resources or support should be identified and provided. The documentation should also state that failure to improve performance or cease the conduct of concern may result in further disciplinary action, including termination of employment. The employee should be asked to sign the documentation and it should be placed on their personal file.
Formal Action. 10.1.6.1. Where a matter has not been resolved during the informal stage then formal action shall be initiated by a warning in writing from the supervisor.
10.1.6.2. The written warning shall be conveyed to the employee at an interview between the supervisor, who may be assisted by a nominee of the Senior Manager or a delegate of MSC Executive where the supervisor is the Senior Manager, and the employee, who may be assisted by a representative.
10.1.6.3. The written warning shall include clarification of the required performance/behaviour standards and where these standards are not being met. It shall also propose a time-frame for monitoring progress against the standards.
10.1.6.4. A copy of this clause shall be given to the employee.
10.1.6.5. No written warning may be issued to an employee without first consulting the Senior Manager, and the MSA President.
10.1.6.6. At this interview, the reasons for the dissatisfaction as set out in the warning shall be explained. The employee shall be told that, if the matter is not resolved within the time- frame set out in the written warning, a second warning may follow.
10.1.6.7. The employee shall be given an opportunity to respond at the interview or within an agreed time period.
10.1.6.8. A jointly signed statement acknowledging receipt of the warning and any agreement reached at the interview shall be placed on the employee's file. The signing of the statement shall serve only as an acknowledgment of receipt of the warning and that the interview occurred.
10.1.6.9. If the employee refuses to sign the statement, the supervisor shall complete the statement and provide a copy to the employee in the presence of a witness.
10.1.6.10. At the end of the time-frame set in section 10.
1.6.1, a second interview involving the same people (or where those people are unable to act, their organisational equivalents) as in the first interview shall be conducted. At this interview the supervisor shall inform the employee that:
a) The matter is resolved and that no further action will be taken. A statement to this effect endorsed by the supervisor and employee shall be placed on the employee's file; or
b) Substantial improvement has occurred, but not to the standard required. An extension, which shall be no longer than the time-frame set in clause 10.1.
6.1 may be granted at this meeting. A statement to this effect which shall be regarded as a second warning shall be issued at the conclusion of this interview; or
c) No substant...
Formal Action. 34.2.1 Any allegation of misconduct or serious misconduct will be considered by the Vice- Chancellor. If the Vice-Chancellor believes such allegations warrant further investigation, the Vice-Chancellor will notify the employee in writing and in sufficient detail to enable the employee to understand the precise nature of the allegations, and to properly consider and respond to the allegations. The Vice-Chancellor will require the employee to submit a written response within 10 working days from the receipt of the letter.
34.2.2 At the time of notifying the employee under Subclause 34.2.1, or subsequently, in exceptional circumstances the Vice-Chancellor may: suspend the employee on full pay, or suspend the employee without pay if the Vice-Chancellor is of the view that the alleged conduct amounts to serious misconduct such that it would be unreasonable to require the University to continue the employee’s employment during a period of notice.
