Formal Action Clause Samples

Formal Action. Client has the corporate power and authority to execute and deliver this Agreement and to perform each of its obligations hereunder and this Agreement has been duly approved by Client's Board of Directors.

Formal Action. 42.3.1 If the Director, HR decides to proceed with formal action, they will: a) notify the employee in writing, setting out the allegation(s). b) include sufficient detail to enable the employee to understand the nature of the allegation(s), and to properly consider and respond to them including any relevant documents. c) inform the employee that they are entitled, within 10 working days of receiving a copy of the allegation(s), to submit a written response to the Director, HR. 42.3.2 Notification in writing will be deemed to have been served if sent by registered mail to the last known home address of the employee. 42.3.3 Depending on the nature of the allegation(s), the Director, HR (or delegated authority) may, without prejudice, determine that it is appropriate to suspend the employee with pay while an investigation is being conducted. 42.3.4 If the employee admits the allegation(s) in full and the Director, HR is of the opinion that the behaviour amounts to misconduct or serious misconduct then the Director, HR may recommend one of the disciplinary actions described in Definitions Subclause 10.2.9 to the Relevant Senior Officer. 42.3.5 If the employee denies, or partially denies the allegations or fails to respond to the allegations, the Director, HR (or delegated authority) will consider the allegations and any relevant evidence, the employee’s response and any mitigating circumstances. Following this, the Director, HR (or delegated authority) may: a) take no further action and advise the employee in writing of the decision; b) require a further investigation to be undertaken in order to more fully establish the circumstances. c) determine that there is a case for the employee to answer.

Formal Action. 41.2.1 The supervisor will discuss the matter of unsatisfactory performance with their Head of Element and the Director, HR, or delegate, will be notified prior to taking any further steps. 41.2.2 The supervisor will provide the employee with a written statement setting out specific aspects of performance which are unsatisfactory and the improvements in performance which are required. The supervisor will also specify a timeframe within which performance should improve and at the end of which a review will be held. The duration of the timeframe will be reasonable, having regard to the nature of the nominated performance shortcomings. The supervisor will further specify any support and/or development activities to be made available during this period. The employee has the right to respond to an assessment of unsatisfactory performance through a written response, which will be considered by the supervisor. All documentation will be kept on file and a copy provided to the employee. Documentation will include the employee’s response to the assessment of unsatisfactory work performance. The Head of Element and Director, HR will be advised that a written notification(s) of performance concerns has been issued. 41.2.3 If the employee’s performance is still regarded by the supervisor as unsatisfactory, normally at the end of the review period, the supervisor will submit a report through their Head of Element to the Director, HR. The report shall include copies of previous counselling, written notifications, any statement(s) made by the employee and a clear statement of aspects of performance considered to be unsatisfactory. The supervisor will notify the employee of their intention to make the report and the proposed recommendation to the Head of Element and provide a copy to the employee. The Head of Element may recommend 1 of the forms of disciplinary action as defined in this Agreement. The employee has 10 working days to submit a response to the Director, HR.

Formal Action. A. An employee has the right to C.S.E.A. representation during formal disciplinary procedures including reprimands. When a request for representation is made, no such formal action shall be taken with respect to the employee until there has been a reasonable opportunity for such representative to be present. This right to union representation does not include normal progress performance and evaluation interviews or observations. B. If the County suspends or discharges an employee they will notify the employee by letter of the effective date of the proposed action as well as the length of any proposed action. This letter shall also specify the reasons for such action. C. Meetings regarding disciplinary matters shall be an attempt to ▇▇▇▇▇▇ discussion leading to a resolution of the relevant issues. D. The County shall advise employees of the nature of meetings with management at the beginning of such meetings. E. All disciplinary actions for any alleged infraction shall be made with due regard for individual privacy.

Formal Action. Any resolution, rule, motion or formal action shall be deliberated and voted upon in an open meeting except to the extent deliberation occurs in an executive session, which shall be held only at a regular or special meeting and only for the purpose of considering those matters permitted by law to be considered at executive sessions.

Formal Action. Pledgor has all requisite power and authority to execute, deliver and perform this Agreement.

Formal Action. (a) Where concerns about an employee’s conduct and/or work performance have not been resolved under routine supervision, or where routine supervision may not be appropriate, formal disciplinary action may be taken by ACON. All formal disciplinary action must be documented. (b) An employee must be informed in advance that they are required to attend a disciplinary meeting. At the disciplinary meeting, the employee must be provided with documentation stipulating the unsatisfactory behaviour. The employee must then be given time to formally respond to the allegations (for example, 24 hours) after which the meeting is to reconvene. (c) Once the employee’s response has been considered and formal action is to be taken, the formal action must be documented and must state the period of time after which the employee’s behaviour will be reviewed. Any assistance such as training, provision of appropriate resources or support should be identified and provided. The documentation should also state that failure to improve performance or cease the conduct of concern may result in further disciplinary action, including termination of employment. The employee should be asked to sign the documentation and it should be placed on their personal file.

Formal Action. 34.2.1 Any allegation of misconduct or serious misconduct will be considered by the Vice- Chancellor. If the Vice-Chancellor believes such allegations warrant further investigation, the Vice-Chancellor will notify the Employee in writing and in sufficient detail to enable the Employee to understand the precise nature of the allegations, and to properly consider and respond to the allegations. The Vice-Chancellor will require the Employee to submit a written response within 10 working days from the receipt of the letter. 34.2.2 At the time of notifying the Employee under Subclause 34.2.1, or subsequently, in exceptional circumstances the Vice-Chancellor may: • suspend the Employee on full pay; or • suspend the Employee without pay if the Vice-Chancellor is of the view that the alleged conduct amounts to serious misconduct such that it would be unreasonable to require the University to continue the Employee’s employment during a period of notice.

Formal Action. An Employee shall at all times on request be entitled to have present a representative of the Union designated in accordance with the Agreement when being formally reprimanded for the record following an investigation. Following an investigation, if it is determined that the Employee will receive a formal reprimand, then the Employee and the Union will be notified by registered mail, with return receipt requested, of the time and place where such reprimand shall be administered and the Employee shall be entitled to have a representative of the Union present if the Employee desires. Formal action does not pertain to normal progress, performance and evaluation interviews or observations. All formal reprimands for any alleged infraction shall be made with due regard for individual privacy.