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Progressive Discipline

Do you have concerns with an employee's work performance? Here are the steps for applying progressive discipline in the work place.

Most employees want to do what is expected of them. You can help by ensuring that company policies are made clear and applied consistently and fairly to everyone. However, as an employer, you may need to deal with problems caused by the performance of an employee. You should:

The steps outlined in these pages describe the process known as progressive discipline. It allows you to build on the skills of your present staff and to make clear to everyone what the company policy is on job expectations. It improves the efficiency of your company by saving you the time and money involved in dismissing one employee and hiring a new one. As an employer, the way you apply the progressive discipline process is the basis of your defence if an employee files a complaint of unjust dismissal.

What kind of problems?

Incompetence: employee lacks the skills or ability needed for the job

Misconduct: employee breaks rules for keeping the work place efficient and safe

A good employer uses every opportunity to clearly communicate to all employees the expectations of the job and what will happen if these expectations are not met.

In the step-by step method described here, negligence may be treated as incompetence (if the employee is neglecting duties without realizing what is expected) or as misconduct (if the employee is fully aware that duties are being neglected, but neglects them anyway). The following charts and explanations walk you through the progressive discipline process.

Dealing with Incompetence

Does the employee lack the skills needed to do the job? If so, first speak with the person face to face and clarify the expectations of the job. Tell the employee what will happen if there isn't improvement. This may include being dismissed. Act promptly. If you let it go for too long without taking action you are considered to be condoning the poor work performance. You can't then use it as a reason for dismissal.

Next, ask yourself if this person has the ability to learn the skills needed for the job. If so, give the employee a fair chance to improve work performance by providing job training and supervision. Allow enough time for the employee to practise and use new skills. Or, if this is a long-time employee with a good work record who has now changed positions, you could consider giving the person different work duties. This might be fairer than starting the disciplinary process.

If the employee's work performance improves, the process worked! Congratulations! If not, you are now in a better position to decide if dismissal is warranted.

Don't Forget!
Keep a written record with dates of:

• Meetings
• Training sessions
• Warnings
• Performance reviews

Begin keeping records when you first speak to the employee about the problem. This is essential. If you have not done so and the employee decides to challenge the dismissal, your chances of successfully defending your actions at a hearing are greatly reduced.

Rather than straight dismissal, the goal of progressive discipline is correcting poor behaviour and creating a better and more productive employee.

Dealing with Misconduct

Decide if the misconduct of your employee is minor or severe. Take into account factors like:

• Seriousness and/or frequency of the problem
• Employee's work history
• Effect on the organization

If the misconduct is severe, you may have just cause to fire the employee. You can dismiss immediately. This is called summary dismissal. However, you must act early. If you let the problem go on too long, you are condoning the behaviour and won't be able to use it later as a reason for summary dismissal.

If the misconduct is minor, speak with the employee face to face. Allow all sides of the story to be heard. Collect all the facts, including those given by witnesses. Review the job expectations with the employee. Outline the consequences if these expectations are not met. Although time consuming, it is important to keep a written record of these activities. If you both come to an agreement that the behaviour will be corrected - the problem is solved! However, if the behaviour does not improve, you may give the employee a written warning about possible suspension.

If the problem persists, you may now consider suspending the employee. When this action is taken, provide, in writing, the job expectations and future consequences if they are not met.

Once the suspension is over, try to come to an agreement that there will be no further misconduct.

You are now in a better position to decide whether the last resort of dismissal is warranted.

Mitigating and Aggravating Factors

There are a number of factors to consider in applying the progressive discipline process to cases of either incompetence or misconduct. For example:

• Was the misconduct intentional?
• Is the employee accepting responsibility for his/her actions?
• Was the infraction an isolated incident?
• Is this a long-term employee?
• What is the work history of the employee?

See Labour Standards Pamphlet 8, Unjust Dismissal, for more examples.

Employer Checklist for Progressive Discipline

Incompetence: Employee lacks the skills or ability to do the job.

• Set out clear, reasonable job expectations in company policy.
• Communicate clearly job expectations to all employees.
• Bring unacceptable work to the attention of the employee promptly.
• Provide reasonable supervision, training and instruction.
• Give reasonable warning that failure to meet these expectations could result in dismissal.
• Allow for time and opportunity to meet the job expectations.
• As a final step in the process, if no improvement, dismiss the employee.
• Keep complete written records.

Misconduct: Employee breaks rules for keeping the work place efficient and safe.

• Give the employee the opportunity to tell his/her story about the misconduct.
• Collect all the relevant facts surrounding the misconduct.
• Give a verbal warning.
• Give a written warning.
• Suspend the employee.
• As a final step in the process, dismiss the employee.
• Keep complete written records.

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This publication is provided for information only. For interpretation and application purposes, please refer to Part III of the Canada Labour Code (Labour Standards), the Canada Labour Standards Regulations, and relevant amendments.

Questions? Get the answers!
Contact your HRSDC - Labour Office who will advise you of your rights and obligations as an employer.

The number, 1-800-641-4049, offers 24-hour bilingual information on the Directorate’s programs and services and provides a single point of contact for our clients and Canadians.

This document is available on demand in alternative formats (Large Print, Braille, Audio Cassette, Audio CD, e-Text Diskette, e-Text CD, or DAISY), by contacting 1 800 O Canada (1-800-622-6232). If you have a hearing or speech impairment and use a teletypewriter (TTY), call 1-800-926-9105.

© Her Majesty the Queen in Right of Canada, 2011

Cat. No.: HS24-90/2011E-PDF
ISBN: 978-1-100-19564-3

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Full text of Progressive Discipline in PDF (236 KB)

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Incompetence Flowchart Description

Incompetence:

1. Clarify job expectations / give training and supervision;
2. Give time and opportunity for job performance to improve;
3. Give written warning of what will happen if work does not improve;
4. Review performance:
   1. Work improves, problem solved (end process); or
   2. Work does not improve, problem unresolved;
5. Employee dismissed (end process).

End Incompetence Flowchart description [back to Incompetence Flowchart Image]

Misconduct Flowchart Description

Misconduct:

1. Severe:
   1. Employee dismissed (end process); or;
2. Minor:
   1. Speak to employee, give verbal warning;
      
      1. Behaviour improves, problem solved (end process); or
   2. Behaviour does not improve, give written warning;
      1. Behaviour improves, problem solved (end process); or
   3. Behaviour does not improve, suspension may be next;
      1. Behaviour improves, problem solved (end process); or
   4. Not resolved;
   5. Employee dismissed (end process).

End Misconduct Flowchart description [back to Misconduct Flowchart Image]

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Date Modified:

2012-02-15