Terminations and dismissals October 2013

Terminations and dismissals

by Toronto Training and HR

October 2013

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

Introduction

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

Definitions

Definitions• Dismissal• Constructive dismissal• Unfair dismissal• Fair dismissal• Wrongful dismissal

Employment contracts

Employment contracts

• Written or implied• Mutual expectations• Defining expectations• Implied expectations

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

Basic procedure 2 of 2

• The employee should have the opportunity to appeal against any sanction

Drill A

Investigations

Investigations 1 of 4

• Definition• Triggers-internal• Triggers-external• Matters relating to

conduct• Matters relating to poor

performance


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


STEPS TO TAKE (CONTINUED)• Make the decision• Issue a summary report


• 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

Typical questions when investigating

Typical questions when investigating

• Complainant• Accused• Third parties

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

Allegations

Allegations

• Complexity• Credibility• Severity• Urgency

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

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

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?

Other considerations

Other considerations

• Progressive discipline• Condoning behaviour• Procedural fairness• Providing reasons• Culminating incidents

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

“Just cause” terminations

“Just cause” terminations

• Fundamental breach• At the heart of the

relationship• The test• Questions to ask

Discrimination

Discrimination 1 of 2

• Citizenship• Race• Place of origin• Ethnic origin• Colour• Ancestry• Disability• Age• Creed

Discrimination 2 of 2

• Sex / pregnancy• Family status• Marital status• Sexual orientation• Gender identity• Gender expression• Receipt of public

assistance• Record of offence

Training

Training

• Completion of documentation

• Providing counselling• Issuing warnings

Proper documentation

Proper documentation 1 of 3

• Create documents throughout the course of an employee’s employment


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


DOCUMENTS TO AVOID• Personal comments• Overstatements• Speculation or assumptions• Emotionally charged

language• Incomplete documents• Incorrect documents

Drill B

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

Conclusion and questions

Conclusion and questionsSummaryVideosQuestions

Terminations and dismissals October 2013

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