Employee DisciplineWhat is progressive discipline?Progressive discipline is a process to address job-related behavioral issues that does not meet the expected and communicated performance standards. The main objective of progressive discipline is to highlight the behavioral or performance issues an employee might have committed and providing them an opportunity to improve their performance. This is achieved by first impressing on the employee the seriousness of the offence and providing the employee with opportunities to correct their behavior before applying the ultimate penality of discharge. However if the offence committed is too heinous in nature management may make an exception and discharge the employee.
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Section 5.2 of The Workplace Code outlines the minimum standards to be met by a person who has experience with the behaviour of a manager at work.
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Section 5.4 of The Workplace Code provides that the highest level person who has experience with the behaviour and practice of the manager of a company must be assigned to be a responsible employee for any and all administrative actions taking place at the company (Section 4.7). The employment of senior officials at any length is a different matter. In such situations senior officials are expected to do business with employees of the company if they can and must meet those minimum work practice standards, although the highest level executive in the company at a given time cannot be assigned to a higher level person, only to those designated as the responsible employer. The employee is the “head of the company”, whether assigned a lower or higher level in the employment chain, is that which matters if the employee does not do a business with the company.
What if the chief executive changes his or her leadership level at a time, including when a particular company is required to issue specific directives to employees?
If managers meet those minimum standards on the basis of personal experience with employees, should they have the same role as those appointed in a particular role and in a company where the boss is an executive? The answer to this questions is: no.
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Section 4.8 of The Workplace Code says that “the chief executive cannot be replaced immediately”. For this reason, if a manager is replaced immediately his or her role will be filled by someone who “does not have complete control over the company (see [Section 4.11]). This means that a manager who has not completely fulfilled his or her role in managing the company (see [Section 5.3]); the company, not the management organisation, will have a responsibility to respond within 10 days after the appointment and to discharge or terminate those employees subject to the chief executive’s personal supervision which is as set out in Section 4.4b above. This is true even on senior levels of the company (see [Section 4.8). However, if an employee has been removed from administrative service for failing to achieve the performance goals stated in the Act, by a company manager who has not been fully and continuously fulfilling his or her role in managing the company, then their roles will be vacant for the remainder of their term in administrative or other administrative role”.
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Section 5.5 of The Workplace Code says that managers “may not delegate to the board members or administrative decision maker any position”. However, that can be because a management organisation has a rule in place whereby when a manager “has failed to fulfil his or her role at a
The first step of progressive discipline is giving an verbal warning. This is an informal effort to correct and improve the employees work performance.
The second step of progressive discipline is a written warning. This written warning takes past verbal warning into account and is entered into the employees work record file and warns the employee of the consequences of future rule violations.
The third step of disciplinary action is suspension, which is a layoff without pay given by management to enforce the seriousness of the offensive. Although both verbal and written warnings can also portray the seriousness of the offensive they do not have a financial penality. Suspension serves as a indication of the economic consequences associated of dismissal and also show managements willingness to retain the employee. Initial suspensions imposed are usually mild with short suspension duration of one to three days and repeated offensives will be greater of more then ten days.
The final step of discipline would be dismissal and unlike suspension or warnings, dismissal is not a corrective measure as the employee is permanently removed from the company. Dismissal is the last resort to be used if all corrective measures has been exhausted deeming the employee unproductive for the company.
Last Chance Agreement and templateWhen a company deems an employee to be unproductive and gathers enough evidence to justify “Just cause” for dismissal of the employee, the company might offer a last chance agreements. The last change agreement is an agreement drawn up by the company, union and employee whose conduct has been determined to be unacceptable. The agreement states that this would be the employees last chance and that any offenses committed by the employee will lead to dismissal. The purpose of this agreement is to settle any grievance over the termination of the employee and also aims to rehabilitate the employee. This agreement provides the opportunity for the company to keep a trained and skilled employee and the union to save the job of their member.
The Employee Assistance program provides some form of counseling and training on how to use a credit in your business. There are a limited number of offers and only a couple of resources available to meet people’s needs. Withdrawing cards will be a common concern but if the company does not have the means to pay their bills a year in advance or on time, they have to ask for it back or pay a small fee instead of a large amount, like with a credit card. It is in any case more effective to not take them at a negative level and find the company out of business sooner or later. The Employee Assistance program gives you a place to turn to when you are feeling particularly stressed or under pressure and to have the opportunity to meet with someone to try to help. The program also allows you to have a chat with the company to learn more about their system and how to deal with them for a refund if a debt is incurred or you need help getting paid (if the company can’t afford to pay you or the company doesn’t seem able to). Your information will go unnoticed, and the company should contact your local community agency as soon as possible to report any issues or needs within or into your account.
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How to Send a Letter If possible, send a letter to: Employee Action Committee | |||
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