Carewest Collective Agreement 2020-2024

Article 36: Evaluations, Personnel Files, and Occupational Health, Safety, & Wellness Files

1.  
   1. The parties to this Collective Agreement recognize the desirability of Employee evaluations.  Evaluations shall be conducted at least on an annual basis, exclusive of any continuous leave of absence greater than ninety (90) days.
   2. Should an Employee not receive an evaluation in accordance with 36.01(a), they may request one be conducted.
   3. 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, which 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 seven (7) 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 endeavor 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 or Article 44.
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. By appointment made in writing at least one (1) working day in advance, an Employee may view their personnel file, or Employee health file.  Upon request, or upon provision of a release deemed acceptable by the Employer (in a form which complies with the requirements of all applicable legislation) an Employee or the Union 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. 1. A Letter of Expectation issued to an employee shall be placed on the employee’s personnel file. The Letter of Expectation shall indicate that it is not disciplinary action. A copy of the Letter of Expectation shall be sent to the Union within five (5) working days.
   2. During the employee’s next performance evaluation any Letter(s) of Expectation on the employee’s personnel file shall be reviewed and the matters addressed incorporated into the written evaluation. After the evaluation is complete, the Letter(s) of Expectation shall be removed.