Common use of Principle of Innocence and Burden of Proof Clause in Contracts

Principle of Innocence and Burden of Proof. Both parties agree that an employee is considered innocent until proven guilty. In case of discharge or discipline, the burden of proof of just cause shall rest with the employer. Evidence presented shall pertain only to the grounds stated in the discharge or discipline notice to the employee. The employer endorses the concept of progressive discipline in situations of poor performance. While the employer reserves the right to use any disciplinary action deemed appropriate, regardless of the order of the following clauses, the parties agree that, where possible, an employee should receive a verbal warning of inappropriate behaviour before written reprimands or other types of disciplinary action are taken. Verbal reprimands shall not be documented in the employee’s official file, are not grievable and shall be delivered in the presence of a Xxxxxxx or designated Union Representative.

Principle of Innocence and Burden of Proof. Both parties agree that an employee is considered innocent until proven guilty. In case of discharge or discipline, the burden of proof of just cause shall rest with the employer. Evidence presented shall pertain only to the grounds stated in the discharge or discipline notice to the employee. The employer endorses the concept of progressive discipline in situations of poor performance. While the employer reserves the right to use any disciplinary action deemed appropriate, regardless of the order of the following clauses, the parties agree that, where possible, an employee should receive a verbal warning of inappropriate behaviour before written reprimands or other types of disciplinary action are taken. Verbal reprimands shall not be documented in the employee’s official file, are not grievable and shall be delivered in the presence of a Xxxxxxx or designated Union Representative.