Terminations and dismissals October 2013
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Half day open training event held in Mississauga, Ontario.
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Terminations and dismissals October 2013
- 1. Terminations and dismissals by Toronto Training and HR October 2013
- 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
- 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
- 6. Definitions • • • • • Dismissal Constructive dismissal Unfair dismissal Fair dismissal Wrongful dismissal Page 6
- 8. Employment contracts • • • • Written or implied Mutual expectations Defining expectations Implied expectations Page 8
- 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. Basic procedure 2 of 2 • The employee should have the opportunity to appeal against any sanction Page 11
- 12. Drill A Page 12
- 13. Drill A Page 13
- 15. Investigations 1 of 4 • • • • • Definition Triggers-internal Triggers-external Matters relating to conduct Matters relating to poor performance Page 15
- 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. Investigations 3 of 4 STEPS TO TAKE (CONTINUED) • Make the decision • Issue a summary report Page 17
- 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
- 20. Typical questions when investigating • Complainant • Accused • Third parties Page 20
- 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
- 26. Contradicting termination for performance • Lack of negative performance reviews • Positive performance reviews • Pay raises • Bonuses • Performance awards • Shares or stock options Page 26
- 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
- 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
- 32. Other considerations • • • • • Progressive discipline Condoning behaviour Procedural fairness Providing reasons Culminating incidents Page 32
- 33. Resigned to your fate… Page 33
- 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
- 36. “Just cause” terminations • • • • Fundamental breach At the heart of the relationship The test Questions to ask Page 36
- 38. Discrimination 1 of 2 • • • • • • • • • Page 38 Citizenship Race Place of origin Ethnic origin Colour Ancestry Disability Age Creed
- 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. Training Page 40
- 41. Training • Completion of documentation • Providing counselling • Issuing warnings Page 41
- 43. Proper documentation 1 of 3 • Create documents throughout the course of an employee’s employment Page 43
- 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. Proper documentation 3 of 3 DOCUMENTS TO AVOID • Personal comments • Overstatements • Speculation or assumptions • Emotionally charged language • Incomplete documents • Incorrect documents Page 45
- 46. Drill B Page 46
- 47. Drill B Page 47
- 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