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Performance Mgmt & Discipline (Employer considerations (termination…
Performance Mgmt & Discipline
Discipline
Providing training and feedback that enforces organizational rules
Preventative discipline
putting training into place to enforce rules before infractions occur; enforces self-discipline
Corrective discipline
training/feedback given following an infraction to discourage any future infractions
Progressive discipline (type)
consequences get progressively more severe for repeated infractions
Employer considerations
union contract
gov't legislation
due process
procedural justice
hot stove rule
WICI
Impersonal
Immediate
Warning
Consistency
termination
neutral location
avoid Fridays
be compassionate, tactful, honest, prepared
have necessary info ready (e.g. benefits, severance pay)
Just cause
justifiable and legally-defensible reason an employer has for terminating an employee without notice or payment in lieu of notice
SWIC
Serious misconduct
Willful disobedience of reasonable orders
Incompetence
Documentation that an employee failed to meet standards
Conflict of interest
No just cause
Wrongful dismissal
warranted by employee behaviour
Termination
Reasonable notice
period of entitled time for terminated employee to find new work; usually 1 week per year of service up to 26 weeks
More notice than the minimum?
If termination involves loss of seniority and/or benefits
Wallace Effect
Wallace worked for United Grain Growers for 15 years, after which he was fired with no reasonable explanation or "just cause"
9 months was added to the initial reward of 15 months in notice
was determined that employer acted in "bad faith"
when an employer acts in bad faith - actions could be considered to be vindictive, malicious, callous
employee sustains damages as a result
severance pay
pay for loss of seniority, benefits
qualifications
at least 5 years of service, and if the org accumulates >$2.5 million in revenues annually
=pay for regular work week x # of years of service
Constructive dismissal
employer doesn't directly fire employee, but alters their employment contract - hopefully to make them quit
pay cuts, demotion, relocation
if employee doesn't quit within 3 months, it's not CD