Mosaic Primary Care Network Collective Agreement 2023 - 2027

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 considered by the Employer to be serious enough to warrant written warning, suspension or dismissal may result in a written disciplinary letter 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. The written disciplinary letter 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, and serious enough to warrant written warning, suspension or dismissal, may result in a written disciplinary letter 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. The written disciplinary letter 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 or suspension or dismissal. A copy of the letter shall be sent in electronic format to the Union within three (3) 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. 1. An Employee, who has been subject to disciplinary action may, after eighteen (18)           months from the date of the disciplinary measure was invoked, request in writing that their personnel file be cleared of any record of the disciplinary action. The Employer shall remove the record of disciplinary action and will confirm in writing to the Employee that such action has been effected.
   2. For Employees who are on prolonged leave (greater than three months) when they have a discipline letter on file, a return to work meeting will be held prior to returning to work.  During the return to work meeting the Union and Employer will address the reason for the discipline letter, performance plan (if any) and the appropriate length of time the letter will remain on file.
8. An Employee who is dismissed shall receive their termination entitlements at the first pay period following termination.
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. The Employer shall provide at least one (1) working day (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 discussing 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 their applicable rate of pay for the duration of such meeting(s).
11. The Parties may agree to mutually extend timelines.
12. Upon request, the Employer and Union shall meet to discuss any discipline issued under this Article.
13. Mandatory Reporting to Regulatory Bodies 
    In the event that an Employee is reported to their regulatory body by the Employer, the Employee shall be advised within one (1) working day and provided with a copy of the report.