LO3 - Employee Discipline

• Discipline


  management action to encourage compliance with organization standards.
• Preventive Discipline​


  • Action taken prior to any infraction to encourage employees to follow the rules​
  • HR is responsible for developing programs and communication
• Types of discipline

  • Preventive discipline
  • Corrective discipline
  • Progressive discipline
  • Positive discipline
• Corrective Discipline 


  follows a rule infraction (e.g., a warning, suspension without pay)
• The objectives of disciplinary action are:​

  • To reform the offender​
  • To deter others from similar actions​
  • To maintain consistent, effective group standards
• The ability to discipline

  may be restricted by union contracts and government legislation.
• Due process 


  means that established rules and procedures for disciplinary action need to be followed and that

  employees are provided an opportunity to respond to allegations or complaints made against them.
• Due process 


  to ensure established rules and procedures are followed
• hot-stove rule


  useful guide for corrective discipline
• hot-stove rule


  which states that disciplinary action should have the same characteristics as the penalty a person receives from touching a hot stove.
• hot-stove rule:​


  • With warning​
  • Immediate​
  • Consistent​
  • Impersonal ​
• Progressive Discipline​


  Stronger penalties for repeated offences
• Progressive Discipline​

  • Verbal reprimand by supervisor​
  • Written reprimand; with a record in file ​
  • 1-3 day suspension​
  • Suspension for 1 week+ ​
  • Discharge for cause
• Positive Discipline​


  process that highlights the positive aspects of an employee’s behaviour and explains what positive employee actions the employer is seeking, with a

  focus on behaviour and outcomes.
• Positive discipline


  Takes a problem-solving approach
• Positive Discipline​


  Employee accepts that a problem exists and takes responsibility
• 4 suggestions for positive disciplinary interviews:​

  • Focus on the conversation, not the disciplinary action​
  • Change the name of disciplinary steps (from reprimands and warnings to notice and conversation)​
  • Provide employees with the opportunity to clear their record​
  • Avoid unpaid suspensions
• Dismissal​

  The ultimate disciplinary action
• Wrongful Dismissal​


  • The termination of an employee without just cause or without giving the employee reasonable notice or pay in lieu of notice
• Non-union employer who does not have just cause for dismissing an employee may be sued for wrongful dismissal.
• Determining Just Cause for Dismissal​


  • Any act by an employee that could have serious negative effects on the organization ​
  • Employer is responsible for proving just cause
• Incompetent work performance 


  is one justification for just cause dismissal
• Requirements in dismissing an incompetent employee include:​

  • Providing reasonable, objective standards of performance​
  • Showing that employee failed to meet standards​
  • Establishing that employee was given a clear warning including warning that dismissal could result if standards were not met
• Employee Misconduct​


  can also potentially lead to just cause dismissal​
• Four classes of misconduct identified in the case law including:​

  1. Unfaithful service to the employer ​
  2. Misconduct of a general nature​
  3. Theft, fraud, or dishonesty​
  4. Willful disobedience of a reasonable and lawful order.
• Business or economic reasons are not just cause for dismissal because such factors are not related to the employee’s behaviour
• Constructive Dismissal​


  A major change in the employment terms that results in an employee resigning may be considered
• constructive dismissal​

  Examples:​

  • Significant change in job function​
  • Demotion​
  • Demand for an employee’s resignation​
  • Forced transfer
• Reasonable Notice​


  When an employer does not have just cause for dismissal, “reasonable notice” or compensation in lieu of notice is required.
• The major factors used to predict reasonable notice include the following:

  • Employee’s age​
  • Length of service​
  • Salary​
  • Occupational status​
  • Labour market conditions
• The Wallace Effect​


  Decision of the Supreme Court in Wallace v. United Grain Growers
• The Wallace Effect​


  • Resulted in the awarding of extended periods of notice in a number of wrongful dismissal cases where the employer acted in a callous manner​
  • In the Honda Canada v. Keays decision, addressed bad-faith damages and restricted use of punitive damages
• Guidelines to follow in dismissing an employee​

  • Prepare for the interview and conduct a rehearsal​
  • Consider the employee’s perspective​
  • Get to the point​
  • Select the time and a private place​
  • Have necessary information ready​
  • Notify others and ensure duties are covered​
  • May require special security measures​

  ​
• Employee rights 


  refer to those rights desired by employees relating to

  working conditions and job security.
• Employee Rights:

  • Right to Privacy​
  • Right to Fair Treatment
• Right to Privacy


  • Collect only job-related information​
  • PIPEDA requirements ​
  • Many organizations monitor their employees’ communications and activities on the job​

  ​
• Right to Fair Treatment​

  • Employer cannot consider age, race, gender etc. and  has an obligation to make reasonable accommodation​
  • Right to work in a safe and harassment free environment
• Cannabis Legalization​

  Employer concerns include:​

  • Lack of product knowledge​
  • Unavailability of an accurate and reliable test of impairment​
  • Use in safety-sensitive positions
• Cannabis Legalization​

  Will be important to distinguish between recreational and medical use
• Cannabis Legalization

  Will be important to distinguish between recreational and medical use​

  • Accommodation ​
  • Risk of blanket zero tolerance policy