Covenant Health 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 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 to the Union within five (5) 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, excluding leaves of absence greater than sixty (60) days, request in writing that their record be cleared for that disciplinary action. The Employer shall confirm in writing to the Employee that such action has been effected.

   2. After the letter is removed from the Employee’s file, the Employer shall not make reference to and/or rely upon the letter for any purpose.

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. When circumstances permit, 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. Reporting to Professional Associations 
    
    If an Employee is reported by the Employer to their professional association, the Employee shall be advised within three (3) working days. The Employee shall receive a copy of the report. If the Employee is fully exonerated by the professional association, the Employee may request the report to the College be removed from the Employee’s personnel file and destroyed.