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HSAS & Canadian Blood Services: March 1, 2017 to March 31, 2022

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ARTICLE 43 – DISCIPLINE AND DISCHARGE

43.01     (a)     Except for the discharge of an Employee serving a probationary period, there shall be no discharge or discipline except for just cause. The Employer may discharge an Employee for just cause. An Employee so disciplined or discharged shall have recourse to the grievance and arbitration procedures as provided for in this Collective Agreement. An Employee discharged for just cause shall receive from the Employer, in writing, within twenty-four (24) hours of discharge, the reason(s) for the discharge and a copy of this letter shall be sent to the Association within five (5) calendar days.

(b)     Discharge of a probationary employee shall not be for reasons that are arbitrary, discriminatory or in bad faith.

(c)     During a preliminary investigation or during a discipline meeting, an Employee shall have the right to be accompanied by a representative of the Association. The Employee and the Association shall be given twenty-four (24) hours advance notice of such meetings and the reason for the meetings. The twenty- four (24) notice period may be lessened or extended by mutual agreement by the Parties.

43.02     Subject to Article 43.01(b), unsatisfactory conduct and/or performance 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. A copy of this letter shall be sent to the Association within five (5) calendar days. The written warning 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.

43.03     Subject to Article 43.01 (b), an Employee who has been suspended shall receive from the Employer, in writing, the record of and the reason(s) for suspension. A copy of this letter shall be sent to the Association within five (5) calendar days.

43.04     Documentation of disciplinary action shall be removed from the Employee’s file provided there has been no further discipline of a similar nature rendered within two (2) years of the initial discipline.

43.05     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.

43.06     An Employee who is dismissed or resigns shall receive their termination entitlements within two (2) weeks as per Labour Standards Act.

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