|
|
University of Alberta Disciplinary Process (This policy applies to employees covered by the Non-Academic Staff Association but it is not part of the collective agreement, and is included for information purposes only.) A) Definition of Discipline In the administration of discipline, the University uses the corrective behavioral approach of a progressive disciplinary model (e.g., verbal reprimand, written reprimand, increment withholding, suspension, demotion and dismissal). This does not preclude the University from analyzing, on a case by case basis, the circumstances and facts of a particular situation(s) and taking a level of disciplinary action or other type of action deemed appropriate. The key element in disciplinary action is that of warning, in that the instance(s) or incident(s) is (are) serious enough to require a disciplinary penalty. Disciplinary actions can include the element of forewarning in that a more serious disciplinary penalty may be used in the future if such action is repeated and/or certain related matters occur or reoccur. The situation(s) requiring a disciplinary penalty is (are) serious in that it (they) cannot be tolerated nor condoned. The following do not constitute disciplinary actions: (1) letters of concern regarding innocent
absenteeism The emphasis in dealing with performance problems is through the use of ongoing coaching and counseling approaches. These approaches recognize that early intervention can help overcome problems and weaknesses and are not disciplinary in nature. Increment withholding may be taken in instances of marginal or unsatisfactory performance, incompetence and/or unsuitability. It is the intent of the University to use a written reprimand as the disciplinary document in instances of increment withholdings. Performance appraisals, counseling letters/reports, etc. may be used as support documents for the above. It is recognized that employees have a provision in the collective agreement to allow them to rebut to the criticism in the appraisal, as such the contents are not disciplinary. Further, the performance appraisal interview is a process designed for the participation of the employee and supervisor only. B) The Right to NASA Representation The University recognizes an employee's right to NASA representation in the following meetings regarding discipline with the employee: (1) formal investigation interviews into
matters/conduct that the University believes may ultimately
lead to disciplinary action When the University is to conduct a formal investigation interview, which may ultimately lead to discipline, the employee shall be advised of his/her ability to have NASA representation, if the employee so chooses, at any such meeting. When an employee is to be disciplined to the extent of formal disciplinary action (written reprimand, increment withholding, suspension, demotion or dismissal), such discipline shall only be imposed at a meeting convened for that purpose. A supervisor requiring an employee to attend any such disciplinary meetings shall advise the employee of their ability, if the employee so chooses, to be accompanied by a recognized NASA representative. C) Representation by NASA The role of an individual when representing an employee during the above noted instances is to: (1) observe the process and witness the
undertakings Notwithstanding that the affected employee(s) may receive disciplinary action, no person who is a participant during the disciplinary process shall be subject to any reprisals. NASA has undertaken that representatives and employees will attend any such requested meeting in an agreed and timely fashion. D) Responsibility of the Employee The responsibility of the employee is to attend and to respond directly to questions posed to them by representatives of the University during any meetings covered by this policy. Failure to attend a meeting or respond directly to questions posed may result in subsequent disciplinary action. E) Authority to Take Disciplinary Action At the University, all disciplinary action shall be taken under the authority of the Department Head and/or his/her designee. In disciplinary matters, including but not limited to written reprimands, increment withholding, suspension, demotion or dismissal, the Department Head and/or his/her designee shall consult with Employee Relations and/or their satellite Human Resources representative prior to taking any disciplinary action. F) Responsibility of Campus Security, Audit and other investigative units/departments Campus Security, Audit and any other department/unit charged with the responsibility of investigating some incident that may ultimately lead to disciplining an employee, will inform Employee Relations when it becomes apparent that an employee will be potentially affected by any disciplinary action. |