Mar132013lifecycleofemploymentrelationship 130313140722-phpapp02

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  • Example of Rider (wording) for possibility of future termination?
  • When following progressive discipline keep the following key tenets in mind:Always warn of future consequence for future actions. If you do not warn, you will lose the case.Always be mindful of condoning the behavior by repeatedly warning without escalation (the case of 44 verbal warnings)Treat like offences alike and start new chains of progressive discipline for new “types of offence” BUT learn how to create broad classes so you don’t have to keep starting over.You do not always have to follow progressive discipline, some offences require a jump up the chain.WATCH YOUR POLICIES – if your policy says that you shall follow a pattern of progressive discipline and you don’t follow it you are in trouble. Policies must allow for flexibility in dealing with discipline.
  • Heads up for Human Rights issues:Scenario:Adam has been the company’s credit manager for 7 years. In 2013 he is missing deadlines and numerous errors are found in his work. Adam gets a negative performance review and then takes a stress leave claiming that the errors and issues were caused by a major depressive issue.
  • Heads up for Human Rights issues:Scenario:Adam has been the company’s credit manager for 7 years. In 2013 he is missing deadlines and numerous errors are found in his work. Adam gets a negative performance review and then takes a stress leave claiming that the errors and issues were caused by a major depressive issue. How does one tackle this issue?
  • I cannot tell you Unfortunately I have seen many PIPS that were so onerous nobody could ever live up to the expectations.
  • Of course positive feedback and a positive attitude is always important. The key is to make sure that if there are issues, those issues are addressed. You can do so with positive encouragement and proposed solutions added into the evaluation so that it is not overly negative (employees do not respond well to overtly negative feedback), but fail to address an issue in the performance appraisal and expect to, legally speaking, never be able to address it again.
  • Mar132013lifecycleofemploymentrelationship 130313140722-phpapp02

    1. 1. For audio, it is recommended you dial in A copy of the slides + recording will be available post webinar AUDIO: 1-877-668-4493 Access Code: 660 334 605 Event Password: 1234 WebEx Support: 1-866-863-391010 Essentials for Managing the Employment Relationship March 13, 2013 Presented by: Matthew R. Vella, Principal/Lawyer Vella Labour Law
    2. 2. AGENDA• Dealing with Employee Issues• Disciplinary Issues• Performance Issues• The P.I.P.• Performance Evaluations 2
    3. 3. DEALING WITH EMPLOYEE ISSUES• We must be cognizant of the very important distinction between: – Disciplinary issues (misconduct) – Performance Issues How we manage problems will vary greatly depending on this distinction.
    4. 4. DISCIPLINARY ISSUES• These deal with misconduct. Willful (or patently careless) activity that is worthy of discipline: – Repeated lateness – Failure to follow policies – Smoking in the bathroom – Inappropriate use of internet or email systems – Harassment of a co-worker – Insubordination
    5. 5. DISCIPLINARY ISSUES• Courts have taken up the arbitral jurisprudence. Judges want to see a proper progression through a system of progressive discipline: – Verbal warnings – Written warnings – Suspensions (if allowed by contract) – Threats of dismissal or warnings prior to termination
    6. 6. DISCIPLINARY ISSUES• When following progressive discipline keep the following key tenets in mind: – Always warn of future consequence for future actions – Always be mindful of condoning the behavior by repeatedly warning without escalation – Treat like offences alike and start new chains of progressive discipline for new “types of offence” • BUT learn how to create broad classes so you don’t have to keep starting over You do not always have to follow progressive discipline – WATCH YOUR POLICIES
    7. 7. DISCIPLINARY ISSUES• Some Innovation: A longstanding tradition in unionized workplaces, non-union employers may want to consider use of “Last Chance Agreements”.
    8. 8. PERFORMANCE ISSUES• Distinct from disciplinary issues. Performance issues should not be met with disciplinary responses. – Poorly done reports – Missed deadlines – Inability to properly perform certain aspects of the job These types of issues require corrective action but not disciplinary action. The employee cannot be fired until and unless he has been given a reasonable chance to improve.
    9. 9. PERFORMANCE ISSUES• Heads up for Human Rights issuesAdam has been the company’s credit manager for 7 years.In 2013 he is missing deadlines and numerous errors arefound in his work. Adam gets a negative performancereview and then takes a stress leave claiming that theerrors and issues were caused by a major depressiveissue.
    10. 10. PERFORMANCE ISSUES• If a person used to perform well and now is not performing, be cognizant of the chance that there is a human rights issue lurking behind the scenes.• Otherwise, how do we deal with performance issues: – Coaching – Verbal warnings – Written warnings – Performance Improvement Plans (P.I.P.)
    11. 11. PERFORMANCE ISSUES• Verbal and written warnings are of a different nature, they are non-disciplinary in tone but simply warn the employee that her work is not up to standards and that improvement is required. Offer assistance where possible.
    12. 12. THE P.I.P.• This is the end of the road for performance management. Beware, your employee sees it that way too and will read it differently than you do.• The P.I.P. sets predefined goals and targets, deadlines, and regular reporting and meeting• Make sure your P.I.P. is reasonable! If this is the last step before a termination, expect that it could be reviewed in litigation and draft it accordingly.
    13. 13. THE P.I.P.• Make sure that progress throughout the P.I.P. is tracked and that feedback is provided to the employee where appropriate• Give the employee a chance to provide feedback on the PIP before it is instituted, take reasonable suggestions where possible, and be ready for unreasonable suggestions as well
    14. 14. PERFORMANCE EVALUATIONS• These are very important in litigation and can cause a huge problem for your company• Employees who are performing well should receive positive feedback and encouragement.• Employees who are having issues should have those issues set out in the Performance Evaluation. Whatever you put in there is set in stone as far as a judge is concerned.
    15. 15. PERFORMANCE EVALUATIONS• The Problem of an “aim to please attitude”In 2008 Greg is doing “ok” in his position but not overly well. Hehas missed some deadlines and struggled with several largetasks. His work is increasingly filled with errors. His managerdoes not want to create conflict and gives Greg a glowingperformance evaluation highlighting his strengths and the “greateffort Greg puts in” without discussing his weaknesses. In 2009Greg has a new manager who feels that Greg is incompetent.He gives Greg a negative performance review and recommendsthat he take a position of lesser importance. Greg sues thecompany for constructive dismissal and blames the newmanager for the issues, citing his glowing 2008 review which willof course be disclosed to the court.
    16. 16. PERFORMANCE EVALUATIONS• Of course positive feedback and a positive attitude is always important. The key is to make sure that if there are issues, those issues are addressed.• You can do so with positive encouragement and proposed solutions added into the evaluation so that it is not overly negative, (employees do not respond well to overtly negative feedback)• Fail to address an issue in the performance appraisal, then expect to, legally speaking, never be able to address it again
    17. 17. QUESTIONS?
    18. 18. Free Offer• We’re offering a free 30-minute consultation that can include:  Performance Evaluation review  Constructing an effective P.I.P.  Assessment of how your Warnings are writtenContact Maysa to take advantage of this exclusive offer!mhawwash@na.drakeintl.com416.216.1067 18
    19. 19. Upcoming WebinarsRegister at http://drake-webinars.comApril 10, 12pm ESTDeath of an Employment RelationshipPresented by: Matthew Vella – Vella Labour Law 19
    20. 20. Thank You for AttendingFor questions, please contact Maysa Hawwash mhawwash@na.drakeintl.com 416.216.1067 20

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