What is it?
The legal concept of progressive discipline in Ontario is a system designed to manage employee performance and behaviour in the workplace. The goal of this system is to provide a structured approach to dealing with employee misconduct while giving employees the opportunity to correct their behaviour before being subjected to more severe disciplinary measures.
The concept of progressive discipline in Ontario has its roots in common law and is also codified in the Employment Standards Act, 2000 (ESA). Under the ESA, employers are required to provide employees with reasonable notice or pay in lieu of notice upon termination, unless the employee has engaged in misconduct. This is where progressive discipline comes in – it provides a way for employers to manage employee behavior in a way that allows them to avoid paying severance or termination pay, while also providing a fair and reasonable approach to discipline.
How does Progressive Discipline Work?
The basic principle of progressive discipline is that disciplinary measures should be progressive, starting with the least severe measure and progressing to more severe measures as necessary. This means that before an employee is terminated, they should be given several warnings, and the severity of the disciplinary measures should increase with each subsequent warning.
The first step in progressive discipline is usually an informal verbal warning. This is a chance for the employer to address the employee’s behaviour and provide feedback on how they can improve. The employer should document the verbal warning, including the date, time, and a summary of the conversation.
If the behaviour continues, the employer may move on to a more formal written warning. The written warning should be specific about the behaviour that is unacceptable and should include a clear outline of what is expected of the employee going forward. The written warning should also include a timeframe for improvement and consequences if the behaviour does not improve.
If the employee’s actions still do not improve, the employer may move on to a more severe disciplinary measure, such as a suspension without pay. The length of the suspension should be proportionate to the behaviour in question.
Finally, if the behaviour still does not improve, the employer may terminate the employee’s employment. However, before doing so, the employer should understand that termination with cause is the ‘capital punishment’ of employment law. They should be certain the necessary progressive disciplinary measures have occurred and not rectified the situation.
It is important to note that the steps and severity of progressive discipline will vary depending on the circumstances of each case. For example, some types of behaviour may be severe enough to warrant skipping the verbal and written warning steps and moving directly to suspension or termination.
Main Takeaway
The legal concept of progressive discipline in Ontario is a structured approach to managing employee performance and behaviour in the workplace. Employers should ensure that any disciplinary action taken against an employee is appropriate and proportionate to the offence. This not only benefits the employer by improving employee performance and behaviour, but also benefits the employee by giving them the opportunity to correct their behaviour before being subjected to more severe disciplinary measures.