progressive discipline policy

OLRB rules that sleeping on the job does not constitute “intentional misconduct” under ESA

July 22, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Anyone involved in human resources may think that if an employee who works in a manufacturing facility surrounded by potential health and safety hazards is found sleeping on the job on more than one occasion, they should be dismissed for cause and disentitled to severance of any kind. That would be a reasonable “gut reaction” to this type of fact situation. In fact, such decisions are routinely upheld by both the courts and labour arbitrators.

appropriate workplace conduct, employment law, employment standards act, intentional misconduct, Ontario Labour Relations Board, potential health and safety hazards, progressive discipline policy, sleeping on the job, statutory termination pay, termination pay, ulpable or non-culpable explanation, willful misconduct, “zero-tolerance” policy

How to word a policy on progressive discipline

September 4, 2012 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources

Every organization has disciplinary concerns at some point in time arising from an employee’s actions which are deemed unacceptable to the employer and which may require some form of discipline to be administered. Generally, employees respect the need for discipline and usually appreciate having a disciplinary process that is deemed to be fair and impartial.

bad faith in the employer's conduct, constructive dismissal, Corrective measures, corrective steps, disciplinary concerns, disciplinary procedure, disciplinary process, discipline, discipline process, discrimination, employment law, instruction, progressive discipline, progressive discipline policy, termination of employment, tuition, wrongful dismissal

No proportionality, no cause for termination

March 29, 2012 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources

Manitoba’s Court of Queen’s Bench recently confirmed that a termination for cause was inappropriate, given that it was not proportional to the employee’s conduct. As a result, the employer had to pay 12 months’ severance as set out in the employment agreement regarding a termination without cause.

altercation, anger management, angry employee, conduct and behaviour, Disciplinary measures, discipline, employee conduct, employment contract, employment law, manitoba, progressive discipline policy, proportionality, reasonable discipline, Sanctions, severance, severity of an employee’s misconduct, suspension, terminate, termination for cause, termination notice, workplace investigation, wrongful dismissal