Bonnyville Health Centre Collective Agreement 2020-2024

Article 33: Discipline, Dismissal and Resignation

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 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, may result in a written warning to the Employee 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. A copy of the written warning will be forwarded to the Union 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.
3. The procedures stated in Articles 33.02 and 33.09 do not prevent immediate suspension or dismissal for just cause.
4. 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 within two (2) working days.
5. Any written documents pertaining to 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.
6. 1. An Employee, who has been subject to disciplinary action, shall after eighteen (18) months from the date the disciplinary measure was initiated, exclusive of any periods of leave of absence in excess of ninety (90) days, request in writing that their record be cleared of that disciplinary action.
   2. The Employer shall clear the record providing no further disciplinary action(s) have occurred during the eighteen (18) month period.
   3. The Employer shall confirm in writing to the Employee that such action has been effected.
7. An Employee who is dismissed shall receive their termination entitlements at the time they leave.
8. For purposes of this Article, a working day shall mean consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays specified in Article 23.
9. When circumstances permit, the Employer shall provide at least twenty-four (24) hours’ advance notice to an Employee required to meet with the Employer for the purposes of investigating a matter related to the Employee or issuing discipline. The Employer shall advise the Employee of the nature of the meeting and that they may be accompanied by a Labour Relations Officer or designate of the Union at such meeting(s). 
   
   The Employee shall be compensated at the applicable rate of pay for the duration of the investigative meeting.
   
   The Employee shall be compensated at the Basic Rate of Pay for the duration of the disciplinary meeting. Where possible, disciplinary meetings will be scheduled during the Employee’s regularly scheduled shift.
10. Abandonment
    An Employee absent for three (3) consecutive working days without notifying the Employer shall be considered to have vacated their position unless, in the opinion of the Employer, such notification was not possible.
11. Personnel Files
    Upon service of at least three (3) days’ notice, an Employee shall have the right to view their personnel file once each year or when the Employee has filed a grievance.  An Employee shall be given a copy of the contents of their personnel file provided that the Employee pays to the Employer a reasonable fee, determined by the Employer, to cover the cost of copying.
12. Resignation
    An Employee shall make every reasonable effort to provide to the Employer twenty-eight (28) days’ notice, where possible, and shall, in any case, provide the Employer with fourteen (14) days’ notice of their desire to terminate their employment.