Post on 18-Dec-2014
description
Terminations and dismissals
by Toronto Training and HR
October 2013
Page 2
CONTENTS5-6 Definitions7-8 Employment contracts9-11 Basic procedure12-13 Drill A14-18 Investigations19-20 Typical questions21-22 Witness interviews23-24 Allegations25-26 Contradicting termination for performance27-28 Performance Improvement Plans (PIPs)29-30 Surrounding circumstances31-32 Other considerations33-34 Resigned to your fate35-36 “Just cause” terminations37-39 Discrimination40-41 Training42-45 Proper documentation46-47 Drill B48-49 Effective incident management systems50-51 Conclusion and questions
Page 3
Introduction
Page 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 banking10 years in training and human resourcesFreelance practitioner since 2006The core services provided by Toronto Training and HR are:
Training event designTraining event deliveryReducing costs, saving time plus improving employee engagement and moraleServices for job seekers
Page 5
Definitions
Page 6
Definitions• Dismissal• Constructive dismissal• Unfair dismissal• Fair dismissal• Wrongful dismissal
Page 7
Employment contracts
Employment contracts
• Written or implied• Mutual expectations• Defining expectations• Implied expectations
Page 8
Page 9
Basic procedure
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
Basic procedure 2 of 2
• The employee should have the opportunity to appeal against any sanction
Page 11
Page 12
Drill A
Page 13
Drill A
Page 14
Investigations
Investigations 1 of 4
• Definition• Triggers-internal• Triggers-external• Matters relating to
conduct• Matters relating to poor
performance
Page 15
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 factsPage 16
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• Internal and external
communications• Decision • Traits of an effective
investigator• Common mistakes
Page 18
Page 19
Typical questions when investigating
Typical questions when investigating
• Complainant• Accused• Third parties
Page 20
Page 21
Witness interviews
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
Page 23
Allegations
Allegations
• Complexity• Credibility• Severity• Urgency
Page 24
Page 25
Contradicting termination for
performance
Contradicting termination for performance
• Lack of negative performance reviews
• Positive performance reviews
• Pay raises• Bonuses• Performance awards• Shares or stock options
Page 26
Page 27
Performance Improvement Plans
(PIPs)
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
Page 29
Surrounding circumstances
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
Page 31
Other considerations
Other considerations
• Progressive discipline• Condoning behaviour• Procedural fairness• Providing reasons• Culminating incidents
Page 32
Page 33
Resigned to your fate…
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
Page 35
“Just cause” terminations
Page 36
“Just cause” terminations
• Fundamental breach• At the heart of the
relationship• The test• Questions to ask
Page 37
Discrimination
Discrimination 1 of 2
• Citizenship• Race• Place of origin• Ethnic origin• Colour• Ancestry• Disability• Age• Creed
Page 38
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
Page 40
Training
Training
• Completion of documentation
• Providing counselling• Issuing warnings
Page 41
Page 42
Proper documentation
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 records• Attendance data• Documents showing the
violation of employee policies
• Documents showing dissatisfaction with the employee
Page 44
Proper documentation 3 of 3
DOCUMENTS TO AVOID• Personal comments• Overstatements• Speculation or assumptions• Emotionally charged
language• Incomplete documents• Incorrect documents
Page 45
Page 46
Drill B
Page 47
Drill B
Page 48
Effective incident management systems
Effective incident management systems
• Comprehensive report and intake procedures
• Training for managers and non-managers
• 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
Page 50
Conclusion and questions
Page 51
Conclusion and questionsSummaryVideosQuestions