Disciplinary Procedure For Poor Performance

A friend of mine wrote to me about their difficulties in controlling bad performance in their organisation and asked what disciplinary action they could take in order to manage this properly. I also understand that this is one of the most challenging aspects of any HR responsibilities. In this post, I will walk you through a realistic step-by-step strategy to managing disciplinary action for poor performance in the workplace.

Managing employee performance is crucial for the success of any organization, ensuring that team members meet the required standards and contribute positively to the company's objectives. However, when an employee consistently underperforms despite repeated efforts to improve, it may become necessary to consider disciplinary action, including termination. In Ottawa, as in the rest of Ontario, employers need to navigate the complexities of labour laws to ensure fair and just practices. This post will shed light on the disciplinary process and termination within the framework of Ontario's labour laws.

Setting Clear Expectations

Before initiating any disciplinary action, it is vital for employers to establish clear expectations and performance standards for their employees. This includes providing job descriptions, performance objectives, and aligning them with company goals. By setting such expectations, employers provide employees with a clear understanding of what is expected of them and what consequences may result from failing to meet those expectations.

Progressive Discipline

Under Ontario's labour laws, employers are encouraged to implement progressive discipline, which is a step-by-step process aimed at improving an employee's performance. Progressive discipline typically consists of verbal warnings, written warnings, probationary periods, and corrective action plans, offering employees a chance to rectify poor performance issues before considering termination.

Documentation and Evidence

Throughout the disciplinary process, it is crucial for employers to maintain accurate and comprehensive documentation. Documenting instances of poor performance, warnings, and any other relevant information is vital to establish a paper trail and demonstrate that the employer has taken appropriate steps to address the issue. This documentation acts as evidence of due process and helps protect employers against potential legal claims.

Termination as a Last Resort

Termination should be considered as a last resort, only after all other attempts to address and rectify poor performance have been exhausted. Before proceeding with termination, employers should thoroughly assess the employee's performance, ensure the disciplinary process has been followed, and document all relevant steps taken. By adhering to the progressive discipline approach, employers can demonstrate fairness and give employees ample opportunity to improve their performance.

Compliance with Ontario's Labour Laws

When considering termination for poor performance in Ottawa, employers must ensure compliance with Ontario's labour laws. Key considerations include:

a. Provided proper notice: According to Ontario law, employers must provide employees with a notice period, or payment in lieu of notice, unless there is just cause for termination.

b. Severance pay: In some cases, employees may be entitled to severance pay based on their length of service. Determining the appropriate amount of severance can be complex, and employers may need to seek legal advice to ensure compliance.

c. Human Rights Code: Employers must ensure that any disciplinary actions, including termination, do not violate the Ontario Human Rights Code. Discrimination based on protected grounds, such as race, gender, religion, etc., is strictly prohibited.

Managing poor performance is a challenging aspect of any employer's responsibilities. By understanding the guidelines provided by Ontario's labour laws, employers in Ottawa can navigate the disciplinary process in a fair and legally compliant manner. 

Implementing clear expectations, progressive discipline, accurate documentation, and considering termination as a last resort can help safeguard both the organization and the employee's rights. Seeking legal advice can be crucial when it comes to ensuring compliance with the intricacies of labour laws and protecting the interests of all parties involved.

I hope this post has offered you some practical ideas for dealing with bad performance in your organisation. In my future post, I plan to look into termination procedures in Ottawa. Keep an eye out and remain close!

Stay tuned for more informative articles on various HR trends and best practices.