subject: Progressive Discipline Policy In Ontario - Why You Need One [print this page] One of the quickest paths that you, as an employer, can take to get in front of a judge, defending yourself against a wrongful dismissal or constructive dismissal suit, is to fire or attempt to discipline an employee without the benefit of an appropriate progressive discipline procedure.
Except in extreme circumstances, an employer must put an employee through a series of progressive disciplinary steps before terminating that employee 'for cause'. In an employee lawsuit the only reasonable defence that will work for you will be based on the documentation that you can provide that clearly shows due diligence on your part. Your clear 'paper trail' of disciplinary notes, etc., will be an important part of that due diligence defence.
A clearly communicated progressive discipline process is like an insurance policy. If you need it and you do not have it, it is too late. Your policy manual should provide you and your supervisors with step-by step directions on exactly how to ensure the process is carried out.
A fair and consistently implemented discipline process will minimize your risk of expensive litigation.
Also keep in mind that there is an important prerequisite to any disciplinary procedure. Before you can legitimately discipline an employee for any action or inaction, you must provide appropriate orientation and training to the employee to ensure that he or she knows what is expected.
Therefore, a well-thought-out, well-written procedures manual for new employee orientation is needed to clarify the expectations you have from your employees. This document should be an integral component of your employment practices.
