PROGRESSIVE DISCIPLINE - HRC 27

Policy: PROGRESSIVE DISCIPLINE
Reviewed Date: 01/19/2012 / Approved Date: 01/19/2012 / Released Date: 01/19/2012
Reviewed by: SB / Approved by: SB / Released by: SB

1.0INTRODUCTION:

AdvoCare Health Services believes its employees will follow workplace rules, policies, standards and instructions. All employees must conduct themselves in an honest professional and businesslike fashion inall of their workplace based relationships. Doing so is the cornerstone of our ability to together deliver outstanding resident care and a healthy and desirable work environment.

2.0POLICY STATEMENT

AdvoCare will assist employees in meeting their duties and responsibilities, and AdvoCare’s expectations. To that end, AdvoCare will provide information (eg. at orientation and staff meetings) and training, and will provide individualized feedback and coaching (informal and formal).

Employees who fail to meet expectations, despite having received information, training and coaching, will be subject to discipline, up to and including termination of employment. Discipline will take into account all relevant circumstances and will be corrective, consistent, fair and progressive. The goal is to enabling the staff member to continue employment as a productive team member. If the staff member cannot meet this goal, the staff member’s employment with Advocare will be terminated.

3.0FORMAL COACHING

Formal coaching ensures and documents that the employee is fully awareof AdvoCare’s expectations. Formal coaching should in most cases occur before progressive discipline is applied and after informal coaching (non-recorded verbal discussions) has occurred. The goal is to ensure that the employee has been informed of Advocare’s expectations and that to give the employee an opportunity to explain why the employee has not or cannot meet expectations (eg. a medical issue). Formal coaching does not warn of discipline; the purpose is to inform, discuss and keep a record of the conversation. Use form HRC f25a – Record of Discussion.

Procedure

  1. Where an employee is not meeting expectations and informal coaching has occurred or is not appropriate given the seriousness of the situation, the employee’s manager and employee meet, usually with another member of Management in attendance for note-taking purposes (usually a HR Representative).*
  1. The manager informs the employee of the failure to meet expectation(s) and invites the employee to provide an explanation and/or discuss any challenges the employee is facing.
  1. The manager and employee together discuss suggestions or recommendations towards assisting the employee to understand and meet expectations.
  1. A dated and signed letter summarizing the coaching will be provided to the employee and placed in the employee’s file (see HRC f25a – Record of Discussion). If time permits, this record may be created and provided to the employee at the time of meeting, otherwise, there will be a brief follow-up meeting to provide the letter.
  1. Depending on the situation and the suggestions/recommendations contained in HRC f25a there may be follow up Formal Coaching sessions.

4.0PROGRESSIVE DISCIPLINE

In most cases, progressive discipline will apply after formal coaching. Depending on the seriousness of the incident, formal coaching may not be applied and/or disciplinary steps may be escalated or skipped entirely.

The steps relating to progressive discipline typically consist of (in this order):

  • Verbal warning(s) (noted/recorded in the “Staff Mgmt Log”)
  • Written Warning(s)
  • Suspension(s)and/or Final Warning
  • Termination

An employee may be at different disciplinary steps for different categories of misconduct. When this occurs and the employee has reached the Final Warning stage in any category and there is another incident of misconduct in any category (the culminating incident) termination is likely to result.

Procedure

  1. An investigation should occur before proceeding with disciplinary action.
  1. The manager in consultation with the HR Rep and/or Head Office will determine whether the employee should be removed from the workplace for the duration of the investigation. If removal is determined appropriate, it will be “with pay” pending a disciplinary decision. The employee will be advised of the situation and that she/he will be given an opportunity to respond. The employee will also be advised that he/she is required to cooperate throughout the investigation and if removed from the workplace, must remain available to the employer during the employee’s normal hours of work.
  1. The investigation will include meetings with the employee*[1] and with any witnesses identified. A management witness will be present as a note-taker at all meetings. The employee’s personnel file will be reviewed and relevant records (statements, observation reports, policies, postings etc.) will be gathered.
  1. In the meeting with the employee*[2], the following will be reviewed:
  2. the employee’s awareness of the company’s expectations she/he is to meet;
  3. the details of the incident (date, time, what happened, whether the event was witnessed etc.);
  4. the expectation (rule, policy, procedure, instruction) not met; and
  5. the employee’s explanation.
  1. Witnesses will be interviewed and will be asked:
  2. Their awareness of the company’s expectations not met;
  3. To provide details of the incident (date, time, what happened, who else was present (to see or hear) etc.;
  1. The notes of the meeting will be reviewed with the employee/witnesses, dated and signed by the employee/witness, note-taker and interviewer. If the employee/witness refuses to sign, the note-taker will record the refusal.
  1. There may be a need to re-interview the employee or witnesses depending on the information provided.
  1. In all interviews the employee/witnesses will be reminded of their duty to keep the matters discussed confidential and to not participate in gossip. Witnesses will also be told that for confidentiality reasons, they cannot be told of the outcome of the investigation.
  1. Once the investigation is complete, management will decide:
  • What happened;
  • Whether any disciplinary action is appropriate;
  • If disciplinary action is appropriate, the appropriate level of discipline.
  1. The Company will consider the following factors in determining the appropriate level of discipline:
  2. What happened;
  3. How serious was the incident;
  4. Whether the employee was aware of the employer’s expectations;
  5. The employee’s past history of discipline (any discipline, level of discipline, category of discipline – same category or various, pattern of discipline, how much time has passedsince the last discipline);**[3]
  6. Whether the misconduct was an isolated incident;
  7. Whether the employee was provoked;
  8. Whether the employee acted in the heat of the moment;
  9. Whether the misconduct was intentional or pre-meditated;
  10. The employee’s explanation;
  11. Whether the employee has accepted responsibility and/or shown remorse;
  12. The employee’s personal situation and how that may have contributed to the situation;
  13. The likelihood of the employee repeating the misconduct; and
  14. Any other circumstances presented by the employee or the situation.
  1. Typically, discipline will progress along the following steps:
  • Verbal warning(s) (noted/recorded in the “Staff Mgmt Log”)
  • Written Warning(s)
  • Suspension(s)and/or Final Warning
  • Termination
  1. Taking into account the factors set out above, disciplinary steps may be repeated, escalated or skipped. If the incident is a culminating incident (see above under “4.0 Progressive Discipline), termination may result. Where a suspension or termination is determined appropriate, Head Office (Human Resources or Senior Management) is to be consulted. Please note that appropriate governing bodies may also be notified (if applicable BC Care Aide Registry, Union Representatives)
  1. When it is determined that some level of discipline is appropriate (or if no discipline is appropriate but Formal Coaching should occur), the employee’s supervisor and employee meet, with another member of Management in attendance for note-taking purposes (usually a HR Representative).*[4]
  1. The employee will be presented with a dated and signed letter setting out (see HRC f25b – Discipline Notice):
  2. the level of discipline;
  3. the employee’s awareness of the company’s expectations she/he is to meet;
  4. the details of the incident (date, time, what happened);
  5. the expectation (rule, policy, procedure, instruction) not met;
  6. the employee’s explanation and whether the explanation is accepted;
  7. the category(ies) of the misconduct (eg. absenteeism reporting, insubordination, rudeness, abuse, dishonesty, etc.); and
  8. a warning that should there be further incidents of misconduct, the employee will be subject to further discipline up to and including termination of employment
  1. A copy of the letter is also to be placed in the employee’s personnel file.On the file copy, the employee’s supervisor is to note: “employee [name] provided with this letter on [date & time]” “[supervisor signature]”.
  1. Dismissal will result where the following applies:
  2. Where a probationary employee is determined by AdvoCare to be unsuitable relating to work performance (See HRC f25a- Record of Discussion)
  • For just cause (post-probationary employees): “just cause” will exist where the employee’s behaviour (either cumulatively or all at once) is fundamentally inconsistent with the employee’s obligations to the Company and there is no likelihood that the employment relationship can be restored. In most cases, the employee will have received a clear and certain warning, possibly accompanied by a suspension, prior to terminating for just cause (See HRC f26b – Discipline Notice).
  • Abandonment of position: an employee who fails to report for duty for 3 consecutively scheduled shifts without informing AdvoCare of the reason for her/his absence (satisfactory) will be treated as having abandoned his/her position and so terminated employment (See HRC f26c – Abandonment of Position)
  1. Unionized Workplaces:

* Where an AdvoCare employee is represented by a Union and is being interviewed for disciplinary purposes, the employee must be notified in advance of the purpose of the interview and the employee’s right to have a shop steward present (Article 10.06 – Right to have Steward Present). Formal coaching does not require this notification but if an employee wishes to have a shop steward present that wish should be honoured.

** Disciplinary notices in the employee’s file are to be removed from the employee’s file 18 months after the date of discipline provided there has been no discipline in the 18 month period. The 18 month period is extended by any absences from work of more than 30 days, except for approved vacation and maternity leave. (Art. 10.3(c)- Right to Greive other Disciplinary Action)

5.0HUMAN RIGHTS

Where an employee’s ability to meet AdvoCare’s expectations is impacted by a disability (physical or mental) or a significant and non-typical family related demand, it is important that the employee disclose their challenges to their supervisor or if they are not comfortable doing so, to the HR Rep. This disclosure will be held in confidence to the extent possible. AdvoCare is entitled to require that employees meet expected standards but will assist and accommodate to the extent that it is possible to do so.

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[1] See 4.17

[2] See 4.17

[3] See 4.17

[4] See 4.17