What is a Progressive Discipline? Why have a Progressive Discipline Policy and Procedure? Common situations with employees that may require a

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2 What is a Progressive Discipline? Why have a Progressive Discipline Policy and Procedure? Common situations with employees that may require a corrective action Maintaining records/documents Policy/Procedure 3-Step warning process What to include in verbal/written warnings Legality and Progressive Discipline Questions

3 Outlines an organizations progressive approach to: Proactively assist employees in understanding that a performance problem, or opportunity for improvement exists Provide feedback to the employee so they can correct the problem Progressive discipline is not intended as a punishment for an employee, but to assist the employee to overcome performance problems and meet expectations

4 When it is used: Performance reviews Verbal/written warnings Everyday interaction with employees Meetings

5 Promotes/clarifies expectations and standards Defines consequences of sub-standard jobperformance Corrects poor behavior or performance before it reaches dismissal stage Encourages safe and proper business practices Increases retention rates & morale; decreases employee frustration (approximate turnover cost is $800 for entry level- $14 per hour position)

6 Gives managers a defined, fair process to follow when performance managing employees Enhances communication Legally protects the organization Necessary for legal just cause terminations (with proper documentation) Heavy onus on employer to prove cause Can legally protect you with potential human rights claims

7 Recognize the problem Diagnose the problem (wear your investigators hat) Treat the problem (is it your problem or their problem?)

8 Chronic or excessive absenteeism/tardiness Insubordination towards Manager Improper employee conduct (for example: dishonesty, harassment, abuse, coarse language, etc) Violation of company policy and/or procedure Inability to perform the requirements of the job Poor customer service Health and safety issue Drugs or alcohol in the workplace (human rights legislation explain)

9 Progressive Discipline is based on the premise that employees know the acceptable organizational job standards and workplace expectations. This is the result of proper orientation, ongoing training, practice on the job, detailed written policies and procedures, job descriptions, and open communication. Managers cannot hand out corrective actions, for situations/issues that have occurred due to a lack of training or communication on the organizations part.

10 Capacity: Learning: Motivation: Distraction: Alienation: Misconduct: Doesn t have the natural ability, talent to do the job Needs more information or skills -has proper training been offered to employee? Everyone has different needs and goals A problem exists in another are of life (naive to think there is no crossover with work and life!) Long term, feels under-appreciated/ valued Fully aware of rules and duties, violates anyway

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12 Before moving forward with a Progressive Discipline, make sure you have your information/facts straight Investigations should be done in a timely manner Meet with both the employee, and any potential witnesses to gather input Gather background information leading to the potential misconduct (ex. performance reviews, policies, working conditions, previous discipline, length of service) Collect a sound evidentiary basis moving forward Discipline cases are often won or lost based upon the amount of effort put into the investigation

13 1. Verbal Warning (informally documented in file) 2. Second Warning (written) 3. Final Warning (written) 4. Suspension or Dismissal (written) If all necessary steps have been taken to assist the employee in correcting the behavior, then the employee may be dismissed for just cause. -important to get legal advice

14 Always remain objective, stick to the facts Avoid any personal opinions or views of the situations at hand Encourage open two-way communication; listen to what the employee has to say If appropriate, ensure the employee understands you will assist with guidance and direction moving forward (training, feedback, etc)

15 Most employee disputes arise because of misunderstandings or different interpretations of events. Orientation Checklists Detailed Employment Contracts Training Sessions Meetings s Warnings (both written and verbal) Performance Reviews *These should all be kept together in their employee file

16 What the issue is at hand Who was involved When it occurred Why the action is unacceptable (ex. safety of others, poor customer service) Mention of any previous warnings that have been issued The expectations moving forward, timelines The support/assistance to be provided by management The consequences if improvement is not immediate and ongoing ALWAYS STICK TO THE FACTS & REMAIN OBJECTIVE!!!!

17 With progressive discipline, every situation is unique and there are many factors to consider. Try to give the employee the benefit of the doubt. How can we help them succeed? Personal/family situation Issues with co-workers Transportation to work Unsafe working conditions Afraid to come forward with information Have we provided them with the proper training, job expectations, etc?

18 Always keep legal compliance in the back of your head!

19 BC Human Rights Legislation Employers are prohibited from discriminating against employees based on the protected grounds, unless there is an objectively solid, operational reason for doing so. Examples? Protected Grounds in Employment: Race Color Religion Ancestry Place of Origin Political Belief Family Status/Marital Status Physical/Mental Disability Age* Criminal Record* Sexual Orientation Sex (included pregnancy, and sexual harassment)

20 BC Human Rights Legislation Cont d During any stage in progressive discipline, ask yourself: Are there human rights issues, protected grounds at hand? Do you have a duty to accommodate? -the law requires employers to consider accommodation when an employee cannot meet workplace standards/expectations due to a protected ground, until it results in undue hardship. Examples of accommodation efforts?

21 Onus is on the employer to show dismissal /treatment was not linked to a protected ground, and that accommodation efforts were made if an employee files a complaint This is why following a progressive discipline policy and procedure, and properly documenting each step, is critical

22 Reaching the Dismissal Stage of Progressive Discipline: Decide whether or not you have proper grounds to terminate with just cause If not: Depending on employment contract, employment standards act, common law, and severance considerations into play If you feel you have grounds to terminate with cause: Have you documented all past disciplinary actions, and followed the companies policy and procedures? Have you completed thorough investigations? Has employee been given the opportunity to improve performance, or explain their side? Do you have objective and clear evidence? Any human rights, accommodation issues that may complicate the situation? Have investigations and warnings been given in a timely manner?

23 Employment Standards This is only minimum requirements for notice or payment in lieu of notice of termination, based solely on length of service Clause should be included in the employment contact, to avoid common law obligations Consider paying above employment standards Common Law Wrongful Dismissal Usually more onerous, and expensive for employers Generally will apply with an absence of an employment contract, or with a contract that does not set out a termination clause Factors judges commonly use to decide notice/payment include: (Bardal v. Globe and Mail (1960)) -Age -Length of service -Character of employment (seniority) -Likelihood of alternative employment

24 Questions?