Common use of SUSPENSION AND DISCHARGE CASES Clause in Contracts

SUSPENSION AND DISCHARGE CASES. 13.01 A claim by a seniority employee that they have been suspended and/or discharged without just cause shall be treated as a grievance and shall commence at Article l0.03 provided a written grievance signed by the employee is presented to the Human Resources Director within five (5) working days after the suspension of discharge. A staff representative of the Union will be permitted to attend at the meeting held pursuant thereto with the Human Resources Director. The discharge of any probationary employee shall not be the subject of a grievance and shall not be arbitrable. 13.02 When an arbitrator awards that a seniority employee be compensated for lost benefits such compensation shall not exceed the premiums the Employer would have had to pay in accordance with Article 28, 29, 30, to provide the employee with the benefit plans set out therein for the period involved. Nothing herein shall limit the arbitrator’s authority to award compensation for lost earnings provided that an arbitrator has no jurisdiction or authority under this Agreement to require the Employer to pay an employee any loss suffered on account of an absence of benefits during suspension or discharge or to award an employee an amount which directly or indirectly compensates them for interest on any loss or compensation awarded to them.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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SUSPENSION AND DISCHARGE CASES. 13.01 13.1 A claim by a seniority employee that they have been suspended and/or discharged without just cause shall be treated as a grievance and shall commence at Article l0.03 10.03 provided a written grievance signed by the employee is presented to the Human Resources Director within five (5) working days after the suspension of or discharge. A staff representative of the Union will be permitted to attend at the meeting held pursuant thereto with the Human Resources Director. The discharge of any probationary employee shall not be the subject of a grievance and shall not be arbitrable. 13.02 13.2 When an arbitrator awards that a seniority employee be compensated for lost benefits such compensation shall not exceed the premiums the Employer would have had to pay in accordance with Article 28, 29, 30, to provide the employee with the benefit plans set out therein for the period involved. Nothing herein shall limit the arbitrator’s 's authority to award compensation for lost earnings provided that an arbitrator has no jurisdiction or authority under this Agreement to require the Employer to pay an employee any loss suffered on account of an absence of benefits during suspension or discharge or to award an employee an amount which directly or indirectly compensates them for interest on any loss or compensation awarded to them.

Appears in 1 contract

Samples: Collective Agreement

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SUSPENSION AND DISCHARGE CASES. 13.01 A claim by a seniority employee that they have been suspended and/or discharged without just cause shall be treated as a grievance and shall commence at Article l0.03 provided a written grievance signed by the employee is presented to the Human Resources Director within five (5) working days after the suspension of discharge. A staff representative of the Union will be permitted to attend at the meeting held pursuant thereto with the Human Resources Director. The discharge of any probationary employee shall not be the subject of a grievance and shall not be arbitrable. 13.02 When an arbitrator awards that a seniority employee be compensated for lost benefits such compensation shall not exceed the premiums the Employer Company would have had to pay in accordance with Article 28, 29, 30, to provide the employee with the benefit plans set out therein for the period involved. Nothing herein shall limit the arbitrator’s authority to award compensation for lost earnings provided that an arbitrator has no jurisdiction or authority under this Agreement to require the Employer Company to pay an employee any loss suffered on account of an absence of benefits during suspension or discharge or to award an employee an amount which directly or indirectly compensates them for interest on any loss or compensation awarded to them.

Appears in 1 contract

Samples: Collective Agreement

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