St. Eustatius Health Care Foundation, St. Eustatius Auxiliary Home Foundation

Section 3 B - Chapter 9
Disciplinary measures and suspension

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B - 9.1. Disciplinary measures

1. Without prejudice to the powers conferred upon the Employer by law, the Employer shall have the right to take any of the disciplinary measures specified in this Article against the Employee who is responsible for negligence in the duties assigned to him, failing to comply with an instruction given by the Employer or failing to fulfill an obligation incumbent upon him pursuant to this Collective Labor Agreement and/or his position:

a. verbal warning followed by written confirmation;

b. written warning;

c. suspension without retention of Salary;

d. dismissal.

2. The Employer may suspend the Employee without pay for up to 5 working days, which period may be extended once by up to 3 working days if warranted, which is at the Employer's discretion.

3. The suspension shall be promptly communicated or confirmed to the Employee stating reasons and in writing. The address most recently provided by the Employee shall be deemed to be his address.

4. The Employee will be given the opportunity to answer for the situation to the Employer within four days after the date of the letter (not including Saturdays, Sundays and Public Holidays). He may be assisted by a counsel.

5. In the event that the Employee appears to have been manifestly wrongfully suspended by the Employer, the Employer will, at the Employee's request, rehabilitate the Employee in writing and compensate him for demonstrable damages.

6. Dismissal by way of disciplinary action can only take place in compliance with the statutory provisions.

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B - 9.2. Suspension

1. The decision to suspend as well as the decision to extend suspension shall be communicated in writing to the Employee by the Employer as soon as possible, stating the reasons why such action is required.

2. During the period of suspension, the Employer is required to promote the Employee's ability to resume work.

3. After expiration of the period of suspension, the Employee shall be entitled to resume work.

4. Suspension cannot be used as a punitive measure.