Progressive Discipline Information

Description | Stages of Discipline | Supervisors Guide to Discipline

Description of Progressive Discipline

Progressive discipline allows an employee time to correct problem behaviour without immediate threat of termination. For employees, progressive discipline sets clear standards and warns of consequences for noncompliance. It assures predictable, progressive and equitable treatment. It promotes fair decisions, and it provides a process to appeal disciplinary decisions.

Progressive discipline involves correcting employees in stages according to the number and severity of their violations.

As an employer, if we abide by written rules of discipline and document all policy violations, we avoid unnecessary litigation for wrongful termination or unfair treatment.

Documentation and file building is a necessary part of every manager's job and absolutely essential in successful disciplinary cases and/or termination.

The majority of terminations will be based upon an accumulation of incidents that occur over a period of time. It is not sufficient that a manager know that the employee's performance has been consistently unsatisfactory. You must be able to prove it. This is accomplished with a system of progressive discipline that involves documentation and file building as events occur.

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Stages of Progressive Discipline

Progressive discipline is broken down into stages, with each successive stage calling for more serious disciplinary measures. However, the progression is not always a chain of separate distinct steps. There will almost always be some overlap and variations in individual cases. The process is typically segmented into the following pattern:

There are exceptions to progressive discipline, which occur when a single, isolated incident of serious misconduct or extreme poor performance results in immediate termination. They are rare and always of a critical nature. There are also times when a step may be repeated.

Provided by Human Resources
November 1, 2002

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Supervisor's Guide to
Common Disciplinary Issues

Poor Performance | Insubordination | Attendance & Punctuality

Poor Performance

Where an employee is to be disciplined or discharged for poor performance, the following are the operational questions that need to be asked:

• Did the employee receive adequate training?
• Did the employee receive adequate supervision and had suitable equipment?
• Is the employee's performance being judged against reasonable job standards?
• Was the employee made aware of these standards?
• Was the employee warned of his or her sub-standard performance before more serious disciplinary action was administered?
• If dismissal is being implemented, was the employee warned specifically that such actions would result unless performance improves?
• Have other employees with the same or similar work records been treated in the same manner?

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Insubordination

Insubordination is defined as:

Refusal of a direct order - an intentional act of disrespect

The normal procedure for an employee to follow when he or she questions a supervisor's directive is to carry out the order, then file a grievance or complaint.

An employee may legitimately refuse to carry out an order if he or she reasonably believes the order would require the employee to engage in illegal or immoral behavior.

If an employee contends that the carrying out of an order would be dangerous or unsafe, illegal or immoral, the supervisor must investigate the allegation. If the supervisor determines that the operation can be conducted safely, legally and morally, the employee must comply with the order.

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Attendance and Punctuality

An employer is able to terminate the services of an employee who is unable to work; in particular if it involves frequent and extended absences due to illness. However, neither employment law or arbitration awards have provided clear standards as to what constitutes excessive absences. Factors to consider include:

• Intermittent nature of absences as opposed to extended absence (long-term illnesses should be looked at on a case-by-case basis)
• Consideration to seniority in the case of long service employees

Tardiness - this must be enforced consistently or not at all. It is recognized that it is reasonable for the employer to expect employees to be to work on time. Clear communication and consistent enforcement and good record keeping are critical.

• Maintain an attendance record ensuring that absences and tardiness are recorded.
• Discuss with the employee concerns about absence or tardiness.
• If discipline is warranted, proceed with progressive discipline principles.

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