Human Resources 101

The proper handling of discipline is very important in today’s climate where ‘wrongful dismissal’ charges and human rights complaints are increasing.

Discipline should be ‘progressive’, building up toward sufficient grounds for dismissal. However, dismissal should not be our ultimate goal. Every effort should be made to counsel, encourage and assist the employee so that improvement can be realized and they can make a meaningful contribution.

Progressive discipline usually moves through the following steps: oral and written warnings, return to probationary status (if performance is the problem), period(s) of suspension and finally, termination. These are general ‘rules of thumb’, and it is a good idea to consult legal counsel in circumstances where progressive discipline is necessary.

The following is a suggested disciplinary process:

1. Continued abuse or disregard of the terms of employment is to be drawn to the employee’s attention and warnings, given in writing, of the offense or performance problems. It must be made clear in the communication to the employee, that further occurrences in the behaviour will lead to further discipline and possibly termination.
2. Any disciplinary action taken by the employer toward an employee must be fully documented and communicated to the employee. The documentation is to be placed on the employee’s file. (Collective agreements generally stipulate the time period for which notations on disciplinary action can remain on the employee’s file.)
3. The employee is to be advised in writing that a notation of the disciplinary action is being placed on their record. (This is essential in the event of a dismissal and a subsequent complaint of ‘wrongful dismissal’.)
4. When dealing with employees on matters of discipline, a face-to-face discussion should take place, with a witness present, and the discussion should be fully documented.