Discharge for Cause If the Participant, prior to the Final Exercise Date, is discharged by the Company for “cause” (as defined below), the right to exercise this option shall terminate immediately upon the effective date of such discharge. “Cause” shall mean willful misconduct by the Participant or willful failure by the Participant to perform his or her responsibilities to the Company (including, without limitation, breach by the Participant of any provision of any employment, consulting, advisory, nondisclosure, non-competition or other similar agreement between the Participant and the Company), as determined by the Company, which determination shall be conclusive. The Participant shall be considered to have been discharged for “Cause” if the Company determines, within 30 days after the Participant’s resignation, that discharge for cause was warranted.
DISCIPLINE/DISCHARGE 21.01 The Employer may warn, suspend, demote or discharge an employee for just cause. If the conduct or performance of an employee warrants disciplinary action, such action shall be confirmed in writing. A copy of all such documentation shall be provided to the employee(s) involved, and forwarded to the office of the Union at the time they are issued.
DISCIPLINE AND DISCHARGE OF EMPLOYEES (a) Pursuant to Section 84(1) of the Labour Relations Code, the following standards shall be applied:
Good Reason The Executive's employment may be terminated by the Executive for Good Reason. For purposes of this Agreement, "Good Reason" shall mean:
Discipline or Discharge No employee covered by this Agreement shall be discharged except for just cause. “Just cause” will include the concept of progressive discipline (such as verbal and written reprimands, the possibility of suspension and termination). Which level of progressive discipline the Employer will use in a situation will depend on the circumstances and severity of the regular employee’s conduct or work performance as evaluated by the Employer. Employees shall receive a copy of all progressive discipline warnings to be placed in their personnel file. Employees shall be required to sign the written warnings within forty-eight (48) hours for the sole purpose of acknowledging receipt thereof. The Employer agrees to provide a copy of the written disciplinary action to the Union within ninety-six (96) hours of issuance. The inadvertent failure to provide the Union with a copy of the disciplinary action will not be the basis to overturn the discipline for just cause. However, if such failure causes the Union to miss the deadline to file a grievance for the discipline, the deadline shall be extended for that amount of time. Progressive discipline will not be applied when the nature of the offense is just cause for immediate suspension or discharge. Employees who have been discharged by the Employer shall, upon request by the employee, be given a written statement of the cause of discharge by the Human Resources Department at the time of discharge or within a reasonable time thereafter. Employees may request in writing to have written disciplinary action in their personnel file removed if eighteen (18) months have passed without a related discipline. Such request will not be unreasonably denied.
Re-employment After Voluntary Termination or Dismissal for Cause Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re-employment, according to regulations applying to new employees.
Discipline for Just Cause Disciplinary action shall be taken only for just cause, however probationary employees may be discharged without just cause and shall have no right to grieve discharge (see Article 7, Probationary Period). Disciplinary action, except discharge, shall have as its purpose the correction or elimination of incorrect work-related behavior by an employee. Supervisors may not take disciplinary action against an employee who, in good faith, reports a violation of any federal or state law or regulation to a governmental body or law enforcement official. Disciplinary action may not be taken against an employee who is requested by a public agency to participate in an investigation, hearing, or inquiry, as well as an employee who refuses to participate in any activity that the employee, in good faith, believes violates state or federal law.
DISCIPLINE AND DISCHARGE CASES 13:01 An employee who is discharged by the Employer shall, as soon as may be practicable thereafter, be given written notice thereof and a copy of such notice shall, within seven (7) working days after such discharge, be forwarded to the President of the Union, which said Notice shall contain the reason for the discharge of the said employee.
Appeal of Discharge or Discipline Should the discharged or disciplined employee consider the discharge or discipline to be improper, a grievance shall be presented in writing as provided in the grievance procedure. In cases of discharge, or discipline resulting in suspension, the grievance shall be filed at Step 2 of the grievance procedure within 10 days of the discharge.
For Cause For a material breach that remains uncured for more than thirty calendar days or other specified period after written notice to the Contractor, the Contract or Purchase Order may be terminated by the Commissioner or Authorized User respectively, at the Contractor’s expense where Contractor becomes unable or incapable of performing, or meeting any requirements or qualifications set forth in the Contract, or for non-performance, or upon a determination that Contractor is non-responsible. Such termination shall be upon written notice to the Contractor. In such event, the Commissioner or Authorized User may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.