Associated Ambulance & Services (Whitecourt) Ltd., Collective Agreement 2020-2025

Article 23: Discipline and Dismissal

1. Except for the dismissal of an Employee serving a probationary period, there shall be no dismissal or discipline except for just cause.
2. Unsatisfactory conduct by an Employee which is not considered by the Employer to be serious enough to warrant suspension or dismissal shall result in a written warning to the Employee within twenty (20) working days of the date the Employer became aware of, or reasonably should have become aware of the occurrence of the act. A request for extension shall not be unreasonably denied. The written warning shall indicate that it is disciplinary action. An electronic copy shall be forwarded to the Union’s office within two (2) working days of the disciplinary action.  The written warning shall indicate that it is disciplinary action.
3. Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee within twenty (20) working days of the date the Employer became aware of, or reasonably should have become aware of the occurrence of the act, A request for extension shall not be unreasonably denied. An electronic copy to the Union’s office within two (2) working days of the disciplinary action.  The written warning shall indicate that it is disciplinary action.  It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time, the Employee’s performance shall be reviewed with respect to the discipline.  The Employee shall be informed, in writing, of the results of the review.  The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period should the Employee’s performance so warrant.
4. The procedure stated in Articles 23.02 and 23.03 does not prevent immediate suspension or dismissal for just cause.
5. An Employee who has been suspended or dismissed shall receive from the Employer, in writing, the reason(s) for suspension or dismissal, and a copy of the letter shall be sent to the Union’s office within two (2) working days.
6. All written documents specifically related to this disciplinary action or dismissal shall be removed from the Employee’s file when such disciplinary action or dismissal has been grieved and determined to be unjustified.
7. An Employee who is dismissed shall receive their termination entitlements at the time they leave.
8. 1. An Employee who has been subject to written warning may, after one (1) year actively at work from the date the disciplinary action was initiated request in writing that their record be cleared of that disciplinary action.  Such request shall be granted provided the Employee’s file does not contain any further record of any disciplinary action during the above period.
   2. An Employee who has been subject to paid or unpaid suspension may, after two (2) years actively at work from the date the disciplinary action was initiated request in writing that their record be cleared of that disciplinary action.  Such request shall be granted provided the Employee’s file does not contain any further record of any disciplinary action during the above period.
   3. Once the disciplinary action has been removed from the Employee’s file, the Employer shall not make reference to and/or rely upon the letter for any purpose.
   4. Notwithstanding Article 23.08(a), (b) and (c), the second incident of discipline regarding violence, and/or harassment in the workplace shall remain on the file for five (5) years.  
9. For purposes of this Article, a working day shall mean consecutive calendar days exclusive of Saturdays, Sundays, and Named Holidays specified in Article 16.
10. When circumstances permit, the Employer shall endeavor to provide at least forty-eight (48) but not less than twenty four (24) hours advance notice to an Employee required to meet with the Employer for the purposes of disciplinary investigation or issuing discipline. The Employer shall advise the Employee of the nature of the meeting and that they may be accompanied by a representative of the Union at such meeting(s). The Employee shall be compensated at their applicable rate of pay for the duration of such meeting(s). Where possible, the Employer will schedule such meetings during the Employees regular work hours.
    1. 1. When an Employee has been placed on administrative leave with pay pending the completion of the investigation, they shall be entitled to all lost wages including any premiums they would have been eligible for had they worked their scheduled shifts.   
       2. The Employer will not unreasonably delay investigations where an Employee has been placed on administrative leave.
    2. Any suspension must take place immediately following notice of suspension.
11. Reporting to Professional Associations
    
    If an Employee is reported by the Employer to their professional association, the Employee shall be advised within one (1) working day. When such reporting is a result of Employee discipline, this advice shall be included within the letter of discipline. If the Employee is fully exonerated by the professional association, the matter shall be removed from the Employee’s personnel file and destroyed. The Employer shall confirm in writing to the Employee that such action has been affected.