14. Discipline, Suspension, and Discharge
14.01 The Employer shall have the right to discipline, suspend, or discharge an employee for just and sufficient cause. Without limiting the generality of the foregoing, the Employer recognizes the principle of progressive discipline. In the event the Employer initiates a disciplinary action against an employee, the following procedures shall be followed:
- When disciplinary action is taken against an employee, the employee shall, within three (3) days of oral notification, be notified in writing of the cause and of the action taken or to be taken.
- Where an employee claims to have been unjustly dealt with, the employee shall have the right to be heard in accordance with the procedure for adjustment of grievances as set out in Article 12.
- Where cause for discipline, suspension or discharge is alleged to exist, the employee may be suspended during an investigation and shall be notified in writing by the Director of Human Resources and/or designate of the decision and the cause. In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from the employee’s place of employment, it shall be with pay.
- Where the decision is for discharge, the matter may be taken up at Step 2 of the Grievance Procedure.
14.02 A probationary employee shall have recourse to the grievance procedure with the exception that the termination of a probationary employee is not subject to the grievance procedure other than on the grounds of discrimination or bad faith. The probationary employee shall be given at least two (2) weeks’ notice of termination or payment in lieu of such notice.
14.03
- The University shall defend, negotiate or settle civil and/or criminal claims, suits or prosecutions arising out of acts performed by an employee in the course of the employee’s duties provided that the University is satisfied that:
- the employee performed duties required by the University;
- the employee acted within the scope of the employee’s employment; and,
- that the employee did not engage in willful misconduct.
- When employees are engaged in official activities that take them away from their usual work locations, and if an incident occurs that involves any kind of injury to students, colleagues, or other persons, the University shall fully indemnify and save harmless employees from all loss, cost, expense, judgment or damage on account of any injury or damage to students, colleagues, or other persons which might occur as the result of such off-campus work. Memorial University must maintain adequate insurance to meet such liability. Any liabilities not covered by the Comprehensive General Liability Insurance shall be assumed by the University.
14.04 At any stage of the Discipline, Suspension or Discharge procedure an employee shall have the right of union representation in any meeting with the Employer. Should an employee waive their right to union representation, they shall sign a “Waiver of Representation” form as attached in Appendix H