Alberta Health Services Collective Agreement 2024-2028

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 first became aware of, or reasonably should have become aware of the occurrence of the act. 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 first became aware of, or reasonably should have become aware of the occurrence of the act. 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 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, shall after eighteen (18) months from the date the disciplinary measure was initiated exclusive of absences of thirty (30) consecutive days or more, request in writing that their record be cleared of that disciplinary action. The Employer shall confirm in writing to the Employee that such action has been effected.

   2. Once a disciplinary measure is eligible for removal per Article 37.07(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues.

8. An Employee who is dismissed shall 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. Investigations 

    1. When possible, the Employer shall provide the applicable Employee’s Labour Relations Officer or designate with advance notice of any investigation meetings.

    2. When circumstances permit, the Employer shall provide at least two (2) working days, exclusive of weekends and named holidays (forty-eight (48) 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). 

    3. Upon request, the Employer will disclose the particulars of the concern or complaint against the Employee, including the identity of the person(s) bringing the complaint forward if known; unless the Employer believes that there is a significant safety risk to patient(s), public or staff that prevents the disclosure of the identity of the complainant(s). When circumstances permit, the Employer will provide the disclosure in advance of the disciplinary discussion.

    4. At the commencement of the meeting, the Employer must provide the Labour Relations Officer or designate with a written copy of all questions that they intend to ask the Employee during the investigation. Nothing in this Article limits the Employer’s right to ask questions not provided for on the list. 

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.