Fourth Failure Sample Clauses
The "Fourth Failure" clause establishes specific consequences or actions that are triggered upon the fourth instance of a particular breach or failure by a party under the agreement. Typically, this clause outlines escalating remedies or penalties that only come into effect after three prior failures have already occurred, such as the right to terminate the contract, impose additional fees, or require corrective action. Its core practical function is to provide a structured response to repeated non-compliance, ensuring that persistent issues are addressed more seriously and incentivizing parties to correct their behavior before reaching this threshold.
Fourth Failure. If the member fails the CSFE again due solely to fitness, Modified Duty status shall be re- evaluated based on the member's effort and progress. If continued Modified Duty is granted, the member shall continue the work-out schedule as described above. If the member is not granted continued Modified Duty status, the member shall be allowed to use accrued paid time off or leave without pay until they pass the CSFE within the time frame required by this section. The member can resume full duty status if they pass a monitored CSFE at any time during this period. The member shall receive a second written reprimand, and be re-evaluated again at a later date, but no sooner than 30 days from date of the Fourth Failure.
Fourth Failure. Unless the employee resigns or retires (either normal or disability retirement), failure to take the test the fourth time or failure to pass the skill review the fourth time shall constitute grounds for seeking the employee’s termination through proceedings before the Village of Schaumburg Board of Fire and Police Commissioners.
Fourth Failure. Unless the employee resigns or retires (either normal or disability retirement), failure to take the test the fourth time or failure to pass the skill review the fourth time shall constitute grounds for seeking the employee’s termination through proceedings before the Village of Schaumburg Board of Fire and Police Commissioners. • The time intervals for the completion of failed portions of the Essential Job Function Test as provided in first, second, and third failure may be superseded by the Fire Chief based on a statement submitted by the employee’s physician that the employee is receiving treatment to enable the employee to successfully pass the previously failed sections(s) of the test and that the employee needs more time to complete the treatment. • The Village retains the right to have the employee examined by its own physician. • Safety shall be emphasized and all established safety practices and procedures shall be strictly followed. • The EJFT skills can be performed in any sequence. Since it is likely that the monthly training schedule may change from year to year, the order of the twelve (12) EJFT skills may also change. • Employees who are unsuccessful at one or more stations shall be encouraged to proceed and attempt to complete any remaining stations that may be scheduled on that date. • Unsuccessful EJFT skill reviews can be challenged repeatedly in the presence of an authorized ▇▇▇▇▇▇▇ as designated by the Fire Chief, within the allotted time constraints of a first, second, and third failure.
Fourth Failure. If the employee fails the fourth CSFE due solely to fitness, he or she will meet with the Fire Chief and union representative (if a member). If fitness progress has been documented and in the opinion of the health professional there is a reasonable expectation that the individual will meet the CSFE requirements then assignment to light duty may be granted. If no fitness improvement has been documented by the health professional then the employee shall receive a notice of intent to terminate and shall be terminated.