HOW SHOULD I DISCIPLINE MY EMPLOYEE?
HOW SHOULD I DISCIPLINE MY EMPLOYEE?
Employers must be very proactive and careful in disciplining employees. Common areas for discipline include, work performance, tardiness, absences and insubordination.
In Ontario and Canada the concept of progressive discipline should be applied.
WHAT IS PROGRESSIVE DISCIPLINE?
If an employer is fed up and upset with an employee who is consistently late and decides to summarily fire them the employee may have recourse against the employer. The reason being if the employer failed to document and discipline the employee.
Employers often argue that this places an undue burden on them. However, an employer must have complied with basic due diligence such as documenting the behaviour.
MY BOSS FIRED ME AND NEVER INFORMED ME OF MY CONDUCT.
Often a fired employee will say they were called into the office and fired. The reason may be coming in late or work performance. In these situations an employee may argue they were never informed and that the employer never discussed these issues with them.
It is for this reason again that an employee is entitled to not only be cautioned about any concerning behaviour but that this behaviour be:
- Discussed with the employee;
- Documented;
- Provide an opportunity for an explanation from the employee;
- Provide for an opportunity to correct the problem; and
- Have a follow up.
The steps above are not exhaustive. However, an employer if faced with a wrongful dismissal suit from their former employee who has not applied progressive discipline may have to justify their termination.
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