SUSPENSION AND DISCIPLINE Clause Samples
The Suspension and Discipline clause outlines the procedures and grounds under which an employee may be temporarily removed from their duties or subject to disciplinary action. Typically, this clause details the types of conduct or performance issues that can lead to suspension or discipline, such as violations of company policy or misconduct, and may specify the steps for investigation, notification, and appeal. Its core practical function is to provide a clear and fair framework for addressing employee behavior issues, ensuring both accountability and due process within the workplace.
SUSPENSION AND DISCIPLINE. 21.01 Discipline may be imposed where just cause exists and will be levied in a timely fashion. Generally, discipline is intended to correct undesirable behaviour or conduct and, where appropriate, shall be progressive in nature.
21.02 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting, during which there shall be an opportunity for full discussion between the employee and the employee’s Manager. The notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have an Association representative attend as an advisor. The management representative also has the right to have a labour relations representative attend as an advisor. At the meeting the employee and the Association representative may make representations and ask questions concerning the events and circumstances. Unless otherwise agreed, the unavailability of an advisor will not delay the meeting for more than one (1) working day from the date of notification to the employee.
21.03 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable.
21.04 The employee and the Association representative shall be notified in writing of any disciplinary action except an oral warning, taken against the employee by the Company within a reasonable period of time of that action having been taken.
21.05 When an employee is required to attend a meeting, the purpose of which is to demote or terminate him/her for non-disciplinary reasons, he/she is entitled to have, at his/her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable.
21.06 When any discipline is found to be unjustified all documents referring to the discipline imposed shall be removed as soon as reasonably possible from the employee’s record and destroyed.
21.07 NAV CANADA agrees not to introduce as evidence ...
SUSPENSION AND DISCIPLINE. 12.01 No employee will be disciplined without just and sufficient cause. When an employee is suspended or discharged from duty, the SJAI undertakes to notify the employee in writing of the reason for suspension or discharge. The SJAI shall endeavour to give such notification at the time of suspension or discharge. If the employee does not receive the written reason for such suspension or discharge, the employee shall be deemed to be suspended with pay until the written notice is received.
12.02 The SJAI shall notify the local President or designate that such an action has occurred at the time of the suspension or discharge.
12.03 When an employee is required to attend a meeting, the purpose of which is to conduct an investigation which could result in a disciplinary action or render a disciplinary decision, concerning that employee, the employee is entitled to have, at their request, a representative of the PSAC attend the meeting. Where practicable, the employee shall receive a minimum of twenty-four (24) hours' notice of such a meeting, and the written reasons for such a meeting.
12.04 In order of severity, and as determined by management dependent on both the action to be disciplined and the provisions of the collective agreement, the types of disciplinary action shall be: • Oral reprimand; • Written reprimand; ▪ Suspension; ▪ Dismissal.
12.05 In cases of written reprimand, suspension or dismissal the SJAI shall provide the Local President with a written record of any disciplinary action taken against the employee including the reason(s) for the disciplinary action. At the employee's request a copy of the related written report shall be forwarded under confidential cover to the Local President.
12.06 Where it appears during any meeting with an employee that the nature of such meeting must change to an investigation which could result in the disciplining of that employee, that meeting must be immediately terminated.
12.07 Discipline, when imposed, shall be imposed in a timely manner. An employee shall be made aware of all disciplinary reports that have been placed on the employee's file. Where the employee has not been made aware of such a report within fourteen (14) days of the conclusion of the investigation and the completion of the report, then no such report shall be introduced as evidence in a hearing relating to disciplinary action. An employee shall receive a copy of any disciplinary report or written reprimand placed on the employee's file.
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SUSPENSION AND DISCIPLINE. 29.01 When an employee is suspended or discharged from duty, the Employer undertakes to notify the employee in writing, with a copy to the Association, of the reason for such suspension or discharge. The Employer shall endeavour to give such notification at the time of suspension or discharge.
29.02 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him/her, the employee is entitled to have, at his/her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one day’s notice of such a meeting.
29.03 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
29.04 Any document or written statement related to disciplinary action, which may have been placed on the personal file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.
SUSPENSION AND DISCIPLINE. 43.01 When employees are to be suspended or discharged from duty, the Employer shall notify the employee in writing of the reasons for such suspension or discharge within twenty-four (24) hours of the suspension in sufficient detail that the employee may defend himself/herself against it.
43.02 The Employer shall notify the local representative of the Union that such suspension or discharge has occurred or is to occur.
SUSPENSION AND DISCIPLINE. 7.01 An employee who is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning her or to render a disciplinary decision concerning her, shall:
(a) where practicable, receive in writing a minimum of one day’s notice of such a meeting, as well as its purpose, and
(b) at her request, have a representative of the Association attend the meeting, when the representative is readily available.
7.02 When an employee is suspended from duty, or terminated in accordance with paragraph 11(2)(f) of the Financial Administration Act, the Employer undertakes to notify her in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.
7.03 The Employer shall notify the Executive Director of the Association that such suspension and, at the written agreement of the employee, that such termination has occurred.
7.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which she was not aware at the time of filing or within a reasonable period thereafter.
7.05 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.
SUSPENSION AND DISCIPLINE. No employee will be disciplined without just and cause. When an employee is suspended from duty, the Employer undertakes to the employee in writing of the reason for such suspension. The Employer will give such notification at the time of suspension. The Employer shall the local representative of the Alliance that such suspension has occurred. When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning the employee is entitled to have, at request, a representative of the Alliance attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer shall not introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter. Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee shall be destroyed after three (3) years have elapsed since the disciplinary action was taken provided that the incident in the statement has not been repeated within the three (3)
SUSPENSION AND DISCIPLINE. 28.01 Prior to disciplining an employee for just cause by written reprimand, suspension or discharge, the Employer shall hold a hearing with the employee. In exceptional circumstances an employee may be suspended with pay until a decision is rendered in accordance with this article. When an employee is required to attend a meeting, the purpose of which is to conduct an investigation or render a disciplinary decision concerning him/her, the employee is entitled to have, at their request, a representative of the Alliance attend the meeting. The employee shall receive a minimum of twenty-four (24) hours written notice of, and the reason(s) for such a meeting.
28.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
28.03 Where disciplinary action has been taken, the employee and the Local shall be notified in writing of the disciplinary action and the circumstances which made the action necessary.
28.04 When an employee is suspended from duty, the Employer undertakes to notify the employee in writing of the reason for such suspension. The Employer shall endeavour to give such notification at the time of suspension. The Employer shall notify the local representative of the Alliance that such suspension has occurred.
28.05 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee shall be destroyed after one (1) year has elapsed since the disciplinary action related to the matter referred to in this document or written statement was taken, provided that no further disciplinary action has been recorded during this period.
SUSPENSION AND DISCIPLINE. 30.01 The Employer shall have the right to suspend with or without pay and/or discharge an employee for just and sufficient cause. Prior to suspending or discharging an employee, the Employer shall examine several factors such as the seriousness of the offence, the employee's length of service, and other relevant mitigating factors.
30.02 When an employee is to be suspended from duty, the Employer shall notify the employee in writing of the reasons for such suspension within twenty-four (24) hours of the suspension in sufficient detail that the employee may defend himself/herself against it.
30.03 The Employer shall notify the local representative of the Union that such suspension has occurred or is to occur.
30.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting.
SUSPENSION AND DISCIPLINE. 33.01 Where an employee is to be disciplined, the Employer shall notify the employee at a meeting. Prior to the meeting, the Employer will notify the employee of his right to have a Representative of the Union in attendance. The reasons for the discipline shall be provided to the employee in sufficient detail that the employee may defend himself against it.
33.02 When circumstances are such that the Union Representative was not available or the employee did not request the attendance of a Union Representative, the Employer shall notify the appropriate Union Representative when discipline occurs.
33.03 Discipline, including dismissal, shall be subject to just cause.
SUSPENSION AND DISCIPLINE. The Employer shall have the right to suspend with or without pay and/or discharge an employee for just and sufficient cause. Prior to suspending or discharging an employee, the Employer shall examine several factors such as the seriousness of the offence, the employee’s length of service, and other relevant mitigating factors.