Bethany Care Society Collective Agreement 2020-2024

Article 33: Discipline & Dismissal

1. Except for the dismissal of an Employee serving a probationary period, there shall be no dismissal or discipline except for just cause.  Unacceptable behaviour and/or unsatisfactory performance by an Employee may be considered as just cause for discipline up to and including dismissal.
2. During a preliminary investigation that may lead to discipline and/or during a discipline meeting, an Employee shall have the right to be accompanied by a representative of the Union.  Where the Employer schedules a disciplinary meeting, the Employee shall be given twenty-four (24) hours advance notice.
3. Unacceptable conduct and/or unsatisfactory performance by an Employee which is not considered by the Employer to be serious enough to warrant suspension or dismissal may result in a written warning, within twenty (20) working days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act.  The written warning shall indicate that it is disciplinary action.
4. Copies of all notices of discipline or dismissal shall be placed on the affected Employee's personnel file and a copy forwarded to the Union within five (5) days of issuance excluding Saturdays, Sundays and Named Holidays;
   
   An Employee who has been subject to disciplinary action may, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that their personnel file be cleared of any record of the disciplinary action.  Such request shall be granted provided the Employee's file does not contain any further record of disciplinary action during the two (2) year period, of which the Employee is aware.  The Employer will confirm in writing to the Employee that such action has been effected.
5. Nothing in this Article prevents the immediate suspension or the dismissal of an Employee for just cause.
6. If circumstances permit, an Employee who is dismissed shall receive their termination entitlements at the time of their dismissal.
7. Both Parties agree they will not deny reasonable requests for time extensions under this Article.