Depending on the mitigating factors, the Superintendent, in consultation with the Human Resource Department, will determine the most appropriate form of disciplinary action in consideration of the employee's performance or misconduct. Serious offences may result in immediate suspension or dismissal without progressing through verbal or written reprimands.
Disciplinary action may be initiated in situations such as, but not limited to, the following:
- if an employee has not satisfactorily met the work requirements;
- if an employee has breached the employer's policies;
- for inappropriate conduct in the workplace;
- for off duty conduct that has a detrimental impact on the employment relationship.
- Harassment or violence in the workplace
- Excessive lateness
- Deliberate abuse of company property
- Constant arguing/fighting with co-workers
Discipline is to be administered as soon as possible after an incident has occurred. In the event that a workplace investigation is required, this should be completed expeditiously. If discipline is recommended upon the conclusion of an investigation, it should be initiated as soon as possible. In situations in which the Superintendent or designate decides that an employee should be removed from the workplace while an investigation is ongoing, the employee would be removed from the workplace and his/her duties with pay.
When an employee has not met his/her work requirements and/or has demonstrated misconduct and the Supervisors have reason to believe representatives have reason to believe that the employee's actions may be related to a disability as defined in Human Rights legislation, the Superintendent or designate has an obligation to inquire whether that disability is related to the employee's poor performance or conduct.
Steps of Progressive Discipline
In each of the steps of progressive discipline, an employee should be informed of the following:
- a description of the incident(s), including evidence or the results of any investigation and the date of the incident(s);
- an explanation of why the behaviour is problematic;
- any previous discipline for the same or related conduct;
- the expectations for performance and conduct;
- any supports available to assist the employee to correct the behaviour; and
- the consequences of failing to correct the undesired behaviour.
An employee must be informed by the Superintendent, or in the case of the Superintendent by the Board Chair that he/she is required to attend a meeting that may result in discipline. The employee must also be advised that he/she is entitled to be accompanied by a representative (Union) of his/her choosing to this meeting.
Written notifications of discipline must be delivered to the employee either in person or by registered or certified mail. The notification would be deemed to be delivered on the date the document was delivered to the person as shown on the confirmation of delivery obtained from Canada Post Corporation or five days following the date that the employer sent the document. For bargaining unit employees, the respective collective agreement provisions must be followed. Discipline would typically be applied progressively unless the misconduct is of a serious nature such that the employer may immediately suspend or terminate the employee.
Any employee who is subject to any disciplinary action will have access to applicable grievance or review procedures. Should an employee not have an appeal process outlines the appeal can be directed to the next level of supervision.
Disciplinary measures taken under this policy will be recorded in the employee's personnel file. Should the disciplinary action be directed towards the Superintendent, the Board Chair shall appoint and chair a committee of the Board to deal with the situation.