CapitalCare Collective Agreement 2020-2024

Article 36: Evaluations, Personnel Files, and Employee Medical Files

1.  
   1. The parties to this Collective Agreement recognize the desirability of Employee evaluations.  Evaluations shall be conducted at least once every two (2) years.
   2. Evaluations shall be for the constructive review of the performance of the Employee.
2. All such evaluations shall be in writing.
3. 1. Meetings for the purpose of the evaluation interview shall be scheduled by the Employer with reasonable advance notice, and unless otherwise mutually agreed between the Employee and Employer, shall not be less than forty-eight (48) hours.  The Employee may review their personnel file prior to the interview upon their written request.
   2. The Employee shall be given a copy of their completed evaluation at the conclusion of the interview or no later than ten (10) calendar days from the interview date.  The Employee shall sign the completed evaluation document upon receipt for the sole purpose of indicating that they are aware of the evaluation.  They shall have the right to respond in writing within ten (10) calendar days of receipt of the evaluation document, and their reply shall be placed in their personnel file.
   3. The Employer will endeavour to only schedule evaluation interviews during an Employee’s on duty hours, however, if an evaluation interview is scheduled on an Employee's off duty hours or on days of rest, the Employee shall be compensated according to the provisions of Article 12 (Overtime) or Article 44 (Part-Time, Temporary and Casual Employees).
4. An Employee's evaluation shall be considered confidential and shall not be released by the Employer to any person, except a Board of Arbitration, the Employer's counsel, or as required by law, without the written consent of the Employee.
5. 1. By appointment made in writing to the appropriate Department at least three (3) working days in advance, an Employee may view their personnel or medical file.
   2. Upon request, an Employee shall be given a copy of requested documents from their file.  The Employee may be required by the Employer to pay a reasonable fee to cover the cost of copying, which fee shall be established by the Employer.
6. Attendance Management Program
   1. Employees who have disclosed a disability that may affect their regular attendance may be referred to the Employer’s Disability Coordinator for support.
   2. An Employee who is in the Employer’s Attendance Management Program and has been asked to attend a meeting with the Employer may be accompanied by a representative of the Union at such meeting.
   3. The Employer will notify the Union of changes to its Attendance Management Program at least thirty (30) days prior to a new program being implemented.