Article 14 - Discipline

The University will ensure that performance and misconduct problems are addressed constructively providing for fair and equitable treatment for all members.

The University reserves the right to discipline any member for just cause. Just cause can result from unacceptable performance of duties or misconduct.

The University endorses the concept of progressive discipline in situations of poor performance or misconduct.

In normal circumstances, performance concerns including corrective action will be first discussed with the member. If the member is unable to meet expectations, then progressive discipline will be followed.

Discipline for misconduct should be progressive, however should the circumstances dictate the employer may initiate disciplinary action as deemed appropriate.

In instances of serious allegations of misconduct or negligence, employees may be suspended pending investigation where the Employer deems it necessary to remove the employee from the workplace to investigate specific allegations. Suspensions pending investigation are not considered discipline and will not result in a loss of regular wages for the employee.

14.1.1 Letter of Warning

A letter of warning will be provided to the member in a meeting with an Association representative present outlining the gap between expectations and current performance or conduct and the corrective action required. A reasonable period of time must be provided to the member to allow them to achieve the stated expectations.

14.1.2 Letter of Reprimand

If a member’s performance or conduct continues to be unacceptable, a letter of reprimand documenting the gap between expectations and current performance or conduct will be provided to the member with an Association representative present. The letter will indicate a reasonable time frame in which the member will be given the opportunity to improve, the corrective action and consequences if the expectations are not met.

14.1.3 Suspension

If a member’s performance or conduct continues to be unacceptable, they may be suspended without pay. In a meeting with an Association representative present, the member will be advised in writing of the effective date and length of suspension from duties, giving reasons for the action. Copies of the letter will be provided to the Association.

If the suspension is successfully grieved by the Association and the member is reinstated, the suspension will be removed from the member’s official Employee file and the member shall be compensated for salary and benefits lost between the date of suspension and the date of reinstatement.

14.1.4 Dismissal

The University reserves the right to dismiss any member for unacceptable performance or misconduct after every reasonable attempt to help the member meet expectations has been exhausted.

In normal circumstances, a letter of dismissal outlining the reasons for and the date of the dismissal will be provided to the member in a meeting with an Association representative present.

The Association will be advised in advance of any dismissal action being taken and a copy of the letter will be provided to the Association.

In the event the member does not attend a scheduled meeting pursuant to this Article, the notice of discipline will be mailed to the member’s last known address, with a copy provided to the Association.

If the Association grieves, the member will be deemed suspended without pay until the grievance procedure is concluded. In the event the grievance procedure results in the member being reinstated, the salary and benefits lost between the date of suspension and the date of reinstatement will be determined as part of the settlement of the grievance.

Disciplinary letters must form part of the official employee file (Article 18).

A disciplinary letter will be removed from the official employee file after two (2) years of acceptable performance or conduct regarding the issue(s) in question. While the letter is on file, it may be used to support future discipline on the issue(s) outlined in the letter.