Interpretation
In the event that you are called by the establishment to a disciplinary meeting—fortunately a very rare occurrence with medical residents—we invite you to get in touch with the Federation as soon as possible so we can provide you with the necessary support.
Disciplinary measures
Written admonitions, suspensions or dismissals shall be deemed to be disciplinary measures.
Written complaint
Any written complaint concerning a resident shall be placed in his file, and the employer shall inform the resident thereof in writing within thirty (30) days of the incident in question or the date of the complaint, failing which the complaint shall not be used against him.
Notice to the resident
A disciplinary notice must be conveyed in writing to the resident by a representative of the employer, and describe the facts or reasons for such notice, failing which the notice shall not be used against him. Such notice shall be placed in his file.
Dismissal or suspension
The decision to dismiss or suspend shall be conveyed in writing to the resident and the medical faculty concerned within thirty (30) days of the incident in question or at the latest thirty (30) days from the date the employer takes cognizance of all the pertinent facts related to the incident.
Notice to the association
Participation in group insurance plan
During his suspension or from the time of his dismissal until an arbitration award is made, the resident may maintain his participation in the group insurance plan by paying all contributions and premiums required for this purpose himself, subject to the clauses and stipulations of the insurance contract in force.
Grievance and arbitration
A resident who is subjected to a disciplinary measure may refer his case to the regular grievance and arbitration procedure, pursuant to Article 18.
Deadline for grievance
In addition to the foregoing, when a resident has been suspended or dismissed, the association may, simply by notifying one or other of the arbitrators designated in Article 18.10 and the establishment, request that his grievance be heard in a timely manner.
Arbitrator's power
The arbitrator, either ex officio or at the request of one of the parties, shall have the right to suspend the disciplinary measure until such time as a final ruling is made on the substance if, in light of the alleged facts as well as of the obligations and duties of the establishment, it proves that suspension or dismissal could cause serious or irreparable damage with respect to rotations or other teaching activities.
Arbitrator's decision
Burden of proof
In all cases of disciplinary measures, including suspensions and dismissals, the burden of proof shall rest with the establishment.
Disciplinary notice
Any notice or report of a disciplinary nature which is successfully contested by a resident shall be stricken from his record.
Deadline for complaint
No resident may be charged with an offence later than one (1) year after its commission, provided no similar offence has been committed in the year (12 months).
Admission
No admission signed by a resident may be brought against him before an arbitrator unless it is:
- an admission signed before a duly authorized representative of the association or the Federation;
- an admission signed in the absence of a duly authorized representative of the association or the Federation, but not withdrawn in writing by the resident within seven (7) days after the signing.