CapitalCare Collective Agreement 2020-2024

Article 37: 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 may result in a written warning to the Employee within twenty (20) working days of the date the Employer became reasonably aware of, or should have become aware of the occurrence of the act.  An electronic copy of the letter shall be forwarded to the Union office within two (2) working days.  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, may result in a written warning to the Employee within twenty (20) working days of the date the Employer became reasonably aware of, or should have become aware of the occurrence of the act. An electronic copy of the letter shall be forwarded to the Union 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 procedures stated in Articles 37.02, 37.03 and 37.10 do not prevent immediate suspension or dismissal for just cause.
5. An Employee who has received a written warning, or has been suspended or dismissed shall receive from the Employer, in writing, the reason(s) for the warning, suspension, or dismissal, and a copy of the letter shall be sent in electronic format to the Union within two (2) working days.
6. 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.
7. An Employee, who has been subject to disciplinary action, shall after two (2) years from the date the disciplinary measure was initiated, request in writing that their record be cleared of that disciplinary action provided the Employee’s file does not contain any further record of disciplinary action during the two (2) year period.  The Employer shall confirm in writing to the Employee that such action has been effected.
8. An Employee who is dismissed may receive their termination entitlements at the time they leave.
9. For purposes of this Article, a working day shall mean consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays specified in Article 22.
10. 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 discussing and issuing discipline.  The Employer shall advise the Employee of the nature of the concern 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).
11. Mandatory Reporting to Regulatory Bodies
    In the event that an Employee’s conduct is reported to their regulatory body by the Employer, the Employee shall be advised, in writing, within one (1) working day and provided with the reasons.  A written notification shall be forwarded to the Union forthwith.