Disciplinary measures policy

1. Scope

1.1 This policy applies to all regular non-unionized non-academic staff, with the exception of University Executives ("E").

1.2 For the purposes of this policy, "regular" shall refer to an employee who has successfully completed the probationary period.


2. Policy

2.1 Written reprimands, suspensions or dismissals are the disciplinary measures which may be applied, depending on the seriousness or the frequency of the implied    infraction.

2.2 The University shall take no disciplinary action without just and sufficient cause, for which the University has the burden of proof.

2.3 An employee called to a disciplinary meeting has the right to be accompanied by one (1) or two (2) non-academic staff members, or one (1) or two (2) two representatives of the McGill University Non-Academic Staff Association (MUNASA). The employee shall be given two (2) working days notice of the time and place of the meeting and the notice will include the principal motive for the meeting.

2.4 The University will send the letter containing the disciplinary measure to the employee, in writing or by email, within fifteen (15) working days of the infraction or the University's knowledge of the action that caused the disciplinary measure to be taken.

2.5 The University shall have the burden of proving that the employee has received the notification. The procedures to be followed are:

  1. The employee may acknowledge receipt of the disciplinary notice, by signing the duplicate copy of the notice indicating acknowledgement of receipt and the date. Nothing written on the notice by the employee may be taken to mean more than simple acknowledgement of receipt.
     
  2. If an employee fails to acknowledge receipt as provided in article 2.6a, a copy of the disciplinary notice will be sent to the employee, by registered mail.

2.6 If the University invokes knowledge after the fact, the University shall have the burden of proving that it acquired the knowledge of the infraction after its occurrence.

2.7 The letter containing the disciplinary measure to the employee must state what action is to be taken by the University, the reasons for the action and the specific facts on which it is based.

2.8 Any disciplinary measure not taken in accordance with the above articles is null and void.

2.9 Only notices of disciplinary measures of which the employee has been informed, in writing, may be placed in the employee's file in Human Resources or submitted as evidence against the employee during arbitration.

2.10 The employee's official file is the file held in Human Resources.

2.11 For employees who have so requested in writing to Human Resources (Shared Services), all notices of disciplinary measures must also be sent to the McGill University Non-Academic Staff Association.

2.12 All information concerning a disciplinary measure must be removed from an employee's file if, in the twelve (12) months that follow the measure, no other record of a disciplinary infraction of the same type is placed in the file.

2.13 A disciplinary measure which has been rescinded as a result of a decision in favour of the employee shall be withdrawn from the file.

2.14 After having arranged an appointment with Human Resources (Shared Services), an employee may consult the official file in the presence of a representative of Human Resources, during regular working hours, without loss of salary. Any such appointment shall be scheduled within a reasonable period. Employees shall be entitled to have a member of the non-academic staff or a representative of the McGill University Non-Academic Staff Association accompany them. The employee may obtain at their own expense, a copy of any document appearing in their file.

2.15 A period of suspension shall not interrupt an employee's service.

2.16 Except in the case of a serious infraction, a suspension shall not take effect until two (2) working days following receipt of the disciplinary notice by the employee.

2.17  An employee subject to disciplinary measures of any nature has the right to use the Dispute Resolution Policy to contest them.

 


Revised March 2004.

Revised June 1, 2015