Terminations and dismissals

by Toronto Training and HR

October 2013
CONTENTS
5-6
7-8
9-11
12-13
14-18
19-20
21-22
23-24
25-26
27-28
29-30
31-32
33-34
35-36
37-39
40-41
42-45
46-47
48-49
50-5...
Introduction

Page 3
Introduction to Toronto Training
and HR
Toronto Training and HR is a specialist training and
human resources consultancy h...
Definitions

Page 5
Definitions
•
•
•
•
•

Dismissal
Constructive dismissal
Unfair dismissal
Fair dismissal
Wrongful dismissal

Page 6
Employment contracts

Page 7
Employment contracts
•
•
•
•

Written or implied
Mutual expectations
Defining expectations
Implied expectations

Page 8
Basic procedure

Page 9
Basic procedure 1 of 2
• The employee should be
informed, in writing, of the
alleged offence
• There should be a meeting
w...
Basic procedure 2 of 2
• The employee should have
the opportunity to appeal
against any sanction

Page 11
Drill A

Page 12
Drill A

Page 13
Investigations

Page 14
Investigations 1 of 4
•
•
•
•
•

Definition
Triggers-internal
Triggers-external
Matters relating to conduct
Matters relati...
Investigations 2 of 4
STEPS TO TAKE
• When to investigate
• Document the complaint or
suspicion
• Determine any interim ac...
Investigations 3 of 4
STEPS TO TAKE (CONTINUED)
• Make the decision
• Issue a summary report

Page 17
Investigations 4 of 4
• Barriers to an effective
investigation
• Suspensions are often a
useful approach
• Outside counsel...
Typical questions when
investigating

Page 19
Typical questions when
investigating
• Complainant
• Accused
• Third parties

Page 20
Witness interviews

Page 21
Witness interviews
• Conduct in private
• Accompanied employees
• Handwritten notes should be
contemporaneously “cleaned
u...
Allegations

Page 23
Allegations
•
•
•
•

Complexity
Credibility
Severity
Urgency

Page 24
Contradicting termination
for performance

Page 25
Contradicting termination for
performance
• Lack of negative performance
reviews
• Positive performance reviews
• Pay rais...
Performance
Improvement Plans (PIPs)

Page 27
Performance Improvement Plans
(PIPs)
• Do everything possible to
ensure the employee has an
opportunity to improve and
rem...
Surrounding
circumstances

Page 29
Surrounding circumstances
•
•
•
•
•
•
•

Severity of the misconduct
Age
Seniority
Employment record
Role and responsibilit...
Other considerations

Page 31
Other considerations
•
•
•
•
•

Progressive discipline
Condoning behaviour
Procedural fairness
Providing reasons
Culminati...
Resigned to your fate…

Page 33
Resigned to your fate…
• Don’t try to persuade the
employee to resign
• Emphasize that it is completely
their choice
• Tal...
“Just cause” terminations

Page 35
“Just cause” terminations
•
•
•
•

Fundamental breach
At the heart of the relationship
The test
Questions to ask

Page 36
Discrimination

Page 37
Discrimination 1 of 2
•
•
•
•
•
•
•
•
•

Page 38

Citizenship
Race
Place of origin
Ethnic origin
Colour
Ancestry
Disabilit...
Discrimination 2 of 2
•
•
•
•
•
•
•

Sex / pregnancy
Family status
Marital status
Sexual orientation
Gender identity
Gende...
Training

Page 40
Training
• Completion of documentation
• Providing counselling
• Issuing warnings

Page 41
Proper documentation

Page 42
Proper documentation 1 of 3
• Create documents throughout
the course of an employee’s
employment

Page 43
Proper documentation 2 of 3
DOCUMENTS TO INCLUDE
• Minutes of meetings where
performance was discussed
• Disciplinary reco...
Proper documentation 3 of 3
DOCUMENTS TO AVOID
• Personal comments
• Overstatements
• Speculation or assumptions
• Emotion...
Drill B

Page 46
Drill B

Page 47
Effective incident
management systems

Page 48
Effective incident management
systems
• Comprehensive report and
intake procedures
• Training for managers and nonmanagers...
Conclusion and questions

Page 50
Conclusion and questions
Summary
Videos
Questions

Page 51
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Terminations and dismissals October 2013

  1. 1. Terminations and dismissals by Toronto Training and HR October 2013
  2. 2. CONTENTS 5-6 7-8 9-11 12-13 14-18 19-20 21-22 23-24 25-26 27-28 29-30 31-32 33-34 35-36 37-39 40-41 42-45 46-47 48-49 50-51 Definitions Employment contracts Basic procedure Drill A Investigations Typical questions Witness interviews Allegations Contradicting termination for performance Performance Improvement Plans (PIPs) Surrounding circumstances Other considerations Resigned to your fate “Just cause” terminations Discrimination Training Proper documentation Drill B Effective incident management systems Conclusion and questions Page 2
  3. 3. Introduction Page 3
  4. 4. Introduction to Toronto Training and HR Toronto Training and HR is a specialist training and human resources consultancy headed by Timothy Holden 10 years in banking 10 years in training and human resources Freelance practitioner since 2006 The core services provided by Toronto Training and HR are: Training event design Training event delivery Reducing costs, saving time plus improving employee engagement and morale Services for job seekers Page 4
  5. 5. Definitions Page 5
  6. 6. Definitions • • • • • Dismissal Constructive dismissal Unfair dismissal Fair dismissal Wrongful dismissal Page 6
  7. 7. Employment contracts Page 7
  8. 8. Employment contracts • • • • Written or implied Mutual expectations Defining expectations Implied expectations Page 8
  9. 9. Basic procedure Page 9
  10. 10. Basic procedure 1 of 2 • The employee should be informed, in writing, of the alleged offence • There should be a meeting with the employee and employer to discuss the alleged offence. The employee is allowed to be represented at this meeting by a union representative or colleague Page 10
  11. 11. Basic procedure 2 of 2 • The employee should have the opportunity to appeal against any sanction Page 11
  12. 12. Drill A Page 12
  13. 13. Drill A Page 13
  14. 14. Investigations Page 14
  15. 15. Investigations 1 of 4 • • • • • Definition Triggers-internal Triggers-external Matters relating to conduct Matters relating to poor performance Page 15
  16. 16. Investigations 2 of 4 STEPS TO TAKE • When to investigate • Document the complaint or suspicion • Determine any interim action • Choose the investigator • Prepare the materials • Conduct the interviews • Assess the information and facts Page 16
  17. 17. Investigations 3 of 4 STEPS TO TAKE (CONTINUED) • Make the decision • Issue a summary report Page 17
  18. 18. Investigations 4 of 4 • Barriers to an effective investigation • Suspensions are often a useful approach • Outside counsel • Internal and external communications • Decision • Traits of an effective investigator • Common mistakes Page 18
  19. 19. Typical questions when investigating Page 19
  20. 20. Typical questions when investigating • Complainant • Accused • Third parties Page 20
  21. 21. Witness interviews Page 21
  22. 22. Witness interviews • Conduct in private • Accompanied employees • Handwritten notes should be contemporaneously “cleaned up” and typed • Always interview the offending employee • Have a review process in place • Expand the interview subjects Page 22
  23. 23. Allegations Page 23
  24. 24. Allegations • • • • Complexity Credibility Severity Urgency Page 24
  25. 25. Contradicting termination for performance Page 25
  26. 26. Contradicting termination for performance • Lack of negative performance reviews • Positive performance reviews • Pay raises • Bonuses • Performance awards • Shares or stock options Page 26
  27. 27. Performance Improvement Plans (PIPs) Page 27
  28. 28. Performance Improvement Plans (PIPs) • Do everything possible to ensure the employee has an opportunity to improve and remain employed • Accelerate the process for an uncooperative employee • Times when you should skip the PIP Page 28
  29. 29. Surrounding circumstances Page 29
  30. 30. Surrounding circumstances • • • • • • • Severity of the misconduct Age Seniority Employment record Role and responsibilities Nature of the organization Well-established policies and procedures • Is the misconduct voluntary? Page 30
  31. 31. Other considerations Page 31
  32. 32. Other considerations • • • • • Progressive discipline Condoning behaviour Procedural fairness Providing reasons Culminating incidents Page 32
  33. 33. Resigned to your fate… Page 33
  34. 34. Resigned to your fate… • Don’t try to persuade the employee to resign • Emphasize that it is completely their choice • Talk about references • Should not affect the financial settlement Page 34
  35. 35. “Just cause” terminations Page 35
  36. 36. “Just cause” terminations • • • • Fundamental breach At the heart of the relationship The test Questions to ask Page 36
  37. 37. Discrimination Page 37
  38. 38. Discrimination 1 of 2 • • • • • • • • • Page 38 Citizenship Race Place of origin Ethnic origin Colour Ancestry Disability Age Creed
  39. 39. Discrimination 2 of 2 • • • • • • • Sex / pregnancy Family status Marital status Sexual orientation Gender identity Gender expression Receipt of public assistance • Record of offence Page 39
  40. 40. Training Page 40
  41. 41. Training • Completion of documentation • Providing counselling • Issuing warnings Page 41
  42. 42. Proper documentation Page 42
  43. 43. Proper documentation 1 of 3 • Create documents throughout the course of an employee’s employment Page 43
  44. 44. Proper documentation 2 of 3 DOCUMENTS TO INCLUDE • Minutes of meetings where performance was discussed • Disciplinary records • Attendance data • Documents showing the violation of employee policies • Documents showing dissatisfaction with the employee Page 44
  45. 45. Proper documentation 3 of 3 DOCUMENTS TO AVOID • Personal comments • Overstatements • Speculation or assumptions • Emotionally charged language • Incomplete documents • Incorrect documents Page 45
  46. 46. Drill B Page 46
  47. 47. Drill B Page 47
  48. 48. Effective incident management systems Page 48
  49. 49. Effective incident management systems • Comprehensive report and intake procedures • Training for managers and nonmanagers • Notification protocol • Robust investigation procedure • Range of remedial measures and appropriate way to track and communicate discipline before it occurs • Reporting and communication Page 49
  50. 50. Conclusion and questions Page 50
  51. 51. Conclusion and questions Summary Videos Questions Page 51

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