Dismissal or Suspension Grievance (a) In the case of a dispute arising from an employee's dismissal, the grievance may be filed directly at arbitration within thirty (30) days of the date on which the dismissal occurred, or within thirty (30) days of the employee receiving notice of dismissal.
(b) In the case of a dispute arising from an employee's suspension, the grievance may commence at Step 2 of the grievance procedure within thirty (30) days of the date on which the suspension occurred, or within thirty (30) days of the employee receiving notice of suspension.
Dismissal or Suspension Grievances (a) In the case of a dispute arising from an employee’s dismissal, the grievance may be filed directly at Step 3, within thirty (30) days of the date on which the dismissal occurred, or within thirty (30) days of the employee receiving notice of dismissal.
(b) In the case of a dispute arising from an employee’s suspension, the grievance may commence at Step 2 of the grievance procedure within thirty (30) days of the date on which the suspension occurred, or within (30) days of the employee receiving notice of suspension.
Dismissal for Cause The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the Xxxx to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the Xxxx shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the Xxxx, such material may be removed before the three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the Xxxx shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the Xxxx shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the Xxxx.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the Xxxx, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the Xxxx shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a Xxxx to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Notice of Disciplinary Action The Employer shall advise an Employee in writing of any disciplinary action taken including, but not limited to warning, reprimand, suspension, discharge or termination and the reasons in full for such action, at the time of taking any such action. The Employer shall also promptly provide the Union with a copy of each such disciplinary notice. If the matter is grieved by the Union, or otherwise litigated in any manner, the Employer shall be limited to those grounds (reasons) specified in the disciplinary notice for the action(s) taken.
Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.
Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.
Notice of Discipline All notices of disciplinary action shall include a statement of the reasons therefor and a statement advising the employee that the action is subject to Article 20,
Summary Dismissal The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.
Instant Dismissal Nothing in clauses 10.2, 10.3, 10.4 or 10.5 prevents instant dismissal without notice in the case of serious misconduct.
Notice of Delay 12.1. When anything delays or threatens to delay the timely performance of the Purchase Order, Supplier must immediately provide written notice to Buyer in writing of all relevant information, including but not limited to the reasons for the potential delay and Supplier’s short-term and long-term mitigation actions.
