Common use of Applicable Measures Clause in Contracts

Applicable Measures. Depending on the seriousness of the harassment, remedial action may, for either or both parties, include training, adjustments to the work environment, various forms of apology, transfer of either party, or the full range of disciplinary action, including dismissal of the wrongdoer if he or she is an NFB staff member. In the case of an independent contractor, recommendations can lead to cancellation of a contract for goods or services. Where remedial or disciplinary action is recommended and approved by the NFB Commissioner, it will be implemented within the time limit set by the Commissioner, but this limit may not exceed ten (10) working days of the parties’ receipt of the report, unless there are exceptional circumstances. Longer-term initiatives, such as the development and implementation of training, may not be completed within this time frame, but steps toward their completion must have been initiated. Management, in fulfilling its responsibilities, may choose to vary the recommended remedial action for legitimate business or legal reasons. This is acceptable provided the desired result can be achieved and provided the Commissioner gives his or her approval.