Article 21 – Performance Reports

Date: Wednesday, March 18, 2015 | Category: | Author:

Notwithstanding the rights to discipline an employee as defined in Article 6.1 of this Agreement, where dissatisfaction arises with respect to an employee’s work performance that could have subsequent detrimental effect on their promotion or future employment, the following shall apply:

  1. The Company shall give notice in writing to such employee, confirming the reasons for such dissatisfaction and stating action taken or to be taken. Such notice shall be clearly marked, “Notice of Dissatisfaction” and the Company shall make reference to Article 21.1 (3) of the Collective Agreement in giving such notice.
  1. Such notice as outlined in (1) above, shall be given within ten (10) working days of such dissatisfaction being brought to the attention of the Company.
  1. The Company shall afford the employee the opportunity to reply to a Notice of Dissatisfaction in writing, within ten (10) working days from receipt of such notice. 
  1. All written notice and any response from the employee shall become a part of such employee’s record
  1. The Company shall notify the Union, in writing, of the name of an employee to whom a Notice of Dissatisfaction has been served in accordance with sub-Article (1) above. The Company shall notify the Union no later than 17:00 hours of the next working day after the Notice of Dissatisfaction being given to the employee.
  1. Notwithstanding the provisions of Article 9.5 (1) of this Agreement, where the Company fails to issue notice to the Union in accordance with Article 21.1 (5) above, the time period for submission of a grievance related to the Notice of Dissatisfaction shall not commence until such notice to the Union is provided by the Company.

The Company agrees not to use any previous disciplinary action against an employee that is more than two (2) years old. 

An employee shall have access to their personal record in the presence of the Senior Consultant, Human Resources or their designate during office hours, within a reasonable period of time from their request for such access.

An employee shall have the right to have a Local Union representative present at any discussion with a supervisor or manager where the employee is to receive a Notice of Dissatisfaction, and/or a suspension, demotion or discharge.