Misconduct & Discipline
Establishing and communicating clear expectations, providing appropriate training and supervision, and giving regular feedback are the most effective ways of ensuring employees are performing well, avoiding the need for discipline. Unfortunately, performance or behavioural issues can arise even where employers follow best practices. Dealing with an employee that fails to meet expectations or is otherwise problematic can be a stressful and challenging task for an employer.
The employment lawyers at Rousseau Mazzuca LLP regularly guide employers through the often thorny process of correcting behaviour and performance or disciplining employees. Our goal is to empower our clients by helping them understand all of their options, and ensure that they are well-positioned to move forward.
MANAGING EMPLOYEE PERFORMANCE
Most employees want to succeed and do well at work. Employers, managers, and supervisors can help them do this by:
Providing training and orientation
Clearly outlining expectations, and clarifying where necessary
Providing regular direction and feedback
Identifying any problems early and speaking to the employee about them right away
Despite these best practices, employees can sometimes underperform, exhibit incompetence, or engage in misconduct requiring progressive discipline or dismissal for just cause.
PROGRESSIVE DISCIPLINE IN THE WORKPLACE
Addressing underperformance in the workplace is a multi-step, progressive process of increasingly severe consequences for misconduct or underperformance. Typically, the consequences will include warnings and may include suspension. Progressive discipline can be effective in correcting behaviour. Even when it does not succeed in helping the employee, a well carried out progressive discipline process can later be used as a defence if an employee files a claim for wrongful dismissal, discrimination, and/or other claims against an employer.
DISMISSAL FOR JUST CAUSE
Certain serious incidents such as illegal activity, abuse, fraud, or theft can be grounds for immediate dismissal for just cause without the need for an employer to go through the progressive discipline process. The employer must prove that such serious misconduct occurred. In many situations, an investigation is wise, even when the evidence of wrongdoing seems overwhelming. Following the proper procedures can make the difference between successfully establishing just cause instead of paying at a hefty severance. Any employer contemplating a just cause dismissal should contact an employment lawyer before taking any action.
