Procedure

Procedure 7200.1 - Employment Conditions

DISCIPLINE AND DISMISSAL (REFERENCE: POLICY 7200 [3])

1. INTRODUCTION

In the exercise of discipline, a distinction must be made between non-culpable and culpable behaviour. In the former case, an employee does not have the capacity to correct a problem, and may not even recognize its existence; in the latter, the employee is capable of correcting a situation, and “progressive discipline” procedures are to be followed.

2. NON-CULPABLE

As progressive discipline procedures are intended to correct performance or behaviour deficiencies, they serve no real purpose where a person is unable to bring about an improvement in a situation or even to recognize the need for such improvement. In a situation where it might be deemed advisable to relieve an employee of his/her duties because the employee’s physical or mental health poses a potential or immediate danger to others, as an example, discipline, as such would not normally be appropriate.

3. CULPABLE

Where an employee has it within his or her power to correct a problem or improve a situation, on the other hand, culpability is to be recognized and progressive discipline is to be applied. As noted, progressive discipline is intended to afford employees the opportunity to correct performance deficiencies and to escalate the nature of the disciplinary action taken only if the opportunity to improve is not acted upon by the employee.

As a general rule, the following progressive steps will be taken in culpable instances:

a)	Consultation: Ensuring that the employee understands the problem and establishing performance and/or behaviour expectations.
b)	Verbal Warning: Advising the employee that more serious disciplinary action may follow if the situation is not corrected or improvements are not forthcoming.
c)	Written Warning: Confirming verbal warning(s), and noting that expectations have not been met. Written confirmation that further and more serious disciplinary action may follow if the situation is not corrected or improvements not forthcoming. (Copy of written warning to Human Resources and, as applicable, to CUPE or STA.)
d)	Suspension (with or without pay): Periods of suspension and attendant conditions will vary according to circumstances.
e)	Dismissal: Authority to effect dismissal is generally determined by collective agreements or other contracts of employment.

4. DISCIPLINARY PROCEDURES

Personnel who are authorized to effect disciplinary measures should consult with their supervisor and Human Resources staff, before effecting disciplinary measures (particularly with respect to suspensions or dismissal) because the circumstances may dictate an exception to the normal procedures outlined above.

Revised:	2017-09-20
Implemented:	1990-06-14