Lancaster’s Workplace Essentials Tackling progressive discipline issues

In this instalment of Lancaster’s Workplace Essentials webinar series, expert panelists will examine recent caselaw and key principles relating to progressive discipline. Topics to be addressed include:

• What is the distinction between job coaching and training, performance management, and discipline? When may non-disciplinary approaches be appropriate to improve employee behaviour?
• Is it necessary to apply a “progressive” approach to discipline in all cases? When are employers justified in imposing more serious consequences at first instance?
• Can the progressive discipline process be “bypassed” by relying on language to that effect in a contract, collective agreement, or policy? For example:
  • Where a “penalty provision” stipulates a severe consequence for a specific type of workplace misconduct?
  • Where the employer has a “zero tolerance” policy in place?
  • Where there is a “last chance” agreement in place?
• What is the doctrine of “culminating incident”? When may an employer rely on earlier misconduct by an employee in support of more serious disciplinary consequences for subsequent misdeeds? How may a “sunset clause” impact this analysis?
• What consequences can flow from a court’s or arbitrator’s finding that an employer improperly failed to apply a progressive approach to discipline?
• How can employers and unions collaborate to develop progressive discipline processes that are both fair and effective in deterring employee misconduct?