WCB – Alberta (Millard Health) Collective Agreement 2021-2024

Article 47: Discipline and Dismissal

1. Just Cause
   Except for the dismissal of an Employee serving a probationary period, there shall be no discipline or dismissal except for just cause.
2. Notice of Disciplinary Action
   Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than twenty-four (24) hours. The Employer shall advise the Employee of the nature of the meeting and that they have the right to be accompanied by a representative of the Union at such meeting. The Union may request an extension of twenty-four (24) hours in order to arrange the attendance of a Labour Relations Officer or designate and such requests shall not be unreasonably denied. The Employee shall be compensated at their applicable rate of pay for the duration of such meeting(s) which shall take place during regular work hours.
3. Warning Letters
   Unsatisfactory performance or conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s records but not serious enough to warrant suspension or dismissal, may result in a written warning to the Employee with a copy to the Union within four (4) working days of the disciplinary action unless the Employee expressly requests in writing that a copy not be sent. The written warning shall indicate that it is disciplinary action. It shall state a definite period in which improvements 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 including a summary of the information it relied on to support its discipline. 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. Suspension or Dismissal
   1. The procedure stated in Article 47.03 does not prevent immediate suspension or dismissal for just cause.
   2. An Employee who has been suspended or dismissed shall receive from the Employer, in writing, the reason(s) for suspension or dismissal, including a summary of the information it relied on to support its discipline and a copy of the letter shall be sent to the Union within two (2) working days unless the Employee expressly requests in writing that a copy not be sent.
   3. An Employee who is dismissed shall receive wages and other monetary entitlements to which they are entitled as soon as the Employer can make the wages and other monetary entitlements available.  In any event, the Employer will not delay receipt of wages beyond four (4) working days.
5. Documentation of Discipline
   1. 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.
   2. An Employee who has been subject to disciplinary action may, after twenty-four (24) months from the date the disciplinary measure was initiated, request in writing to the appropriate Manager of Millard Health that their record be cleared of the disciplinary action. Such request may be granted provided the Employee’s file does not contain any further disciplinary action during the twenty-four (24) month period. The Employer will confirm, in writing, to the Employee that such action has been effected.
6. 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 receive a copy of the complaint that was sent.