Common use of Procedures for Dismissal Clause in Contracts

Procedures for Dismissal. 31.5.1 When the Xxxx of a College is convinced that grounds for dismissal of an employee do exist, the Xxxx shall give written notice of this to the President with a full statement of reasons. 31.5.2 If, after consultation with the Xxxx, the President considers the case warrants further action, the President shall forward to the employee concerned, and to the Association, copies of the Xxxx'x recommendation and appoint a time to discuss the matter. 31.5.3 The President shall then hold discussions with the employee, together with the Xxxx and a representative of the Association, to consider all circumstances pertinent to the matter. 31.5.4 The President shall, within a reasonable time thereafter but not exceeding 30 days, notify the employee, in writing, either that the matter will not proceed further or that it is the President's intention to make a recommendation to the Board that the employee be dismissed. The notification to the employee shall include a full statement of the reasons for dismissal. In no case shall the effective date of dismissal be less than three months from the date of the President's notification. 31.5.5 If the Association in its own right or on behalf of an employee wishes to contest the President's recommendation, it shall so advise the President, in writing, within fourteen days of the receipt of the President's letter and request the establishment of an Arbitration Committee to hear and determine the matter. In default of such request, the Board may proceed to deal with the recommendation. The Association and the Arbitration Committee shall, in accordance with the provisions of Articles 10 and 12, have access to all information and documents in the possession of the Employer that may be relevant to the case. 31.5.6 The Arbitration Committee shall determine whether or not the grounds for the recommendation for dismissal are established and, if established, whether or not they constitute good and sufficient cause for dismissal, and shall determine also such other matters as the President and the Association, on behalf of the employee, may agree, in writing, to submit to the Arbitration Committee. 31.5.7 The Arbitration Committee shall consist of three persons, one to be nominated by the Employer, one to be nominated by the Association, and a third member, who shall be chair, selected from a panel of five candidates appointed for this purpose by joint agreement between the Employer and the Association. These individuals shall be persons of unquestioned integrity and independence from outside the University. Each party shall have ten days from the date of the formal written request for arbitration to name its member on the Arbitration Committee and the two parties shall have a further four days to agree upon a chair. If agreement cannot be reached upon the selection of a chair from the panel of names, the appointment shall be made from the panel by random selection. 31.5.7.1 The names of persons who constitute the Panel of Arbitration Chairs shall be appended to the Agreement. 31.5.8 The Arbitration Committee once chosen shall begin its proceedings as soon as possible. 31.5.9 The Arbitration Committee shall give not less than seven days' notice, in writing, of the time and place of its hearing of the dispute, to the Association, on behalf of the employee, and to the Employer. 31.5.10 At any hearing to consider the case for dismissal of an employee, the Arbitration Committee: 31.5.10.1 Shall establish its own rules of procedure and of evidence. 31.5.10.2 Shall rest the burden of proof for dismissal with the Employer. 31.5.10.3 Shall have the right to call, examine and cross-examine witnesses. 31.5.10.4 Shall grant to each party the right, either personally, or by agent or counsel, to adduce evidence, to call, examine and cross-examine witnesses and to address the Arbitration Committee. 31.5.10.5 Shall hold its meetings in camera unless the Association, on behalf of the employee and the Employer, by mutual consent, agree that the meetings shall be open to the public. 31.5.10.6 Shall cause the proceedings to be audio recorded, such record to be kept for Arbitration Committee purposes, and until all appeals are concluded. 31.5.10.7 Shall have the power to substitute a more appropriate disciplinary action. 31.5.10.8 Shall have the right to examine any documents which it considers relevant to the grievance in question. 31.5.11 All reasonable expenses incurred by the Arbitration Committee shall be paid by the Employer, but each party to the dispute shall be responsible for all costs of legal counsel and other agents employed by them in the prosecution or defence of the case. 31.5.12 The decision of the Arbitration Committee shall be by majority vote and shall be final and binding upon the Employer and employee. Should there not be a majority decision, the decision of the Chair shall prevail. 31.5.13 When the Arbitration Committee has reached its decision, it shall immediately notify, by registered mail, both the President and the Association, on behalf of the employee, of its decision. If the decision is that the employee stand dismissed for cause, then the President, upon authority of the Board, shall notify the employee by registered mail to the employee's home address of the effective date of dismissal, which in no case shall be earlier than the date on which the committee handed down its decision or the date specified in Article 31.5.4.

Procedures for Dismissal. 31.5.1 30.5.1 When the Xxxx of a College is convinced that grounds for dismissal of an employee do exist, the Xxxx shall give written notice of this to the President with a full statement of reasons. 31.5.2 30.5.2 If, after consultation with the Xxxx, the President considers the case warrants further action, the President shall forward to the employee concerned, and to the Association, copies of the Xxxx'x recommendation and appoint a time to discuss the matter. 31.5.3 30.5.3 The President shall then hold discussions with the employee, together with the Xxxx and a representative of the Association, to consider all circumstances pertinent to the matter. 31.5.4 30.5.4 The President shall, within a reasonable time thereafter but not exceeding 30 days, notify the employee, in writing, either that the matter will not proceed further or that it is the President's intention to make a recommendation to the Board that the employee be dismissed. The notification to the employee shall include a full statement of the reasons for dismissal. In no case shall the effective date of dismissal be less than three months from the date of the President's notification. 31.5.5 30.5.5 If the Association in its own right or on behalf of an employee wishes to contest the President's recommendation, it shall so advise the President, in writing, within fourteen days of the receipt of the President's letter and request the establishment of an Arbitration Committee to hear and determine the matter. In default of such request, the Board may proceed to deal with the recommendation. The Association and the Arbitration Committee shall, in accordance with the provisions of Articles 10 and 12, have access to all information and documents in the possession of the Employer that may be relevant to the case. 31.5.6 30.5.6 The Arbitration Committee shall determine whether or not the grounds for the recommendation for dismissal are established and, if established, whether or not they constitute good and sufficient cause for dismissal, and shall determine also such other matters as the President and the Association, on behalf of the employee, may agree, in writing, to submit to the Arbitration Committee. 31.5.7 30.5.7 The Arbitration Committee shall consist of three persons, one to be nominated by the Employer, one to be nominated by the Association, and a third member, who shall be chair, selected from a panel of five candidates appointed for this purpose by joint agreement between the Employer and the Association. These individuals shall be persons of unquestioned integrity and independence from outside the University. Each party shall have ten days from the date of the formal written request for arbitration to name its member on the Arbitration Committee and the two parties shall have a further four days to agree upon a chair. If agreement cannot be reached upon the selection of a chair from the panel of names, the appointment shall be made from the panel by random selection. 31.5.7.1 30.5.7.1 The names of persons who constitute the Panel of Arbitration Chairs shall be appended to the Agreement. 31.5.8 30.5.8 The Arbitration Committee once chosen shall begin its proceedings as soon as possible. 31.5.9 30.5.9 The Arbitration Committee shall give not less than seven days' notice, in writing, of the time and place of its hearing of the dispute, to the Association, on behalf of the employee, and to the Employer. 31.5.10 30.5.10 At any hearing to consider the case for dismissal of an employee, the Arbitration Committee: 31.5.10.1 30.5.10.1 Shall establish its own rules of procedure and of evidence. 31.5.10.2 30.5.10.2 Shall rest the burden of proof for dismissal with the Employer. 31.5.10.3 30.5.10.3 Shall have the right to call, examine and cross-examine witnesses. 31.5.10.4 30.5.10.4 Shall grant to each party the right, either personally, or by agent or counsel, to adduce evidence, to call, examine and cross-examine witnesses and to address the Arbitration Committee. 31.5.10.5 30.5.10.5 Shall hold its meetings in camera unless the Association, on behalf of the employee and the Employer, by mutual consent, agree that the meetings shall be open to the public. 31.5.10.6 30.5.10.6 Shall cause the proceedings to be audio recordedrecorded on magnetic tape, such record to be kept for Arbitration Committee purposes, and until all appeals are concludedthen transferred to the Archives of the University with provisions to safeguard confidentiality during the lifetime of the individuals involved. 31.5.10.7 30.5.10.7 Shall have the power to substitute a more appropriate disciplinary action. 31.5.10.8 30.5.10.8 Shall have the right to examine any documents which it considers relevant to the grievance in question. 31.5.11 30.5.11 All reasonable expenses incurred by the Arbitration Committee shall be paid by the Employer, but each party to the dispute shall be responsible for all costs of legal counsel and other agents employed by them in the prosecution or defence of the case. 31.5.12 30.5.12 The decision of the Arbitration Committee shall be by majority vote and shall be final and binding upon the Employer and employee. Should there not be a majority decision, the decision of the Chair shall prevail. 31.5.13 30.5.13 When the Arbitration Committee has reached its decision, it shall immediately notify, by registered mail, both the President and the Association, on behalf of the employee, of its decision. If the decision is that the employee stand dismissed for cause, then the President, upon authority of the Board, shall notify the employee by registered mail to the employee's home address of the effective date of dismissal, which in no case shall be earlier than the date on which the committee handed down its decision or the date specified in Article 31.5.430.5.4.