In the context of employment, discipline is the employer’s corrective response to a workplace issue, usually related to your performance or behavior. While Employers have the right to discipline employees, there are a number of questions that must be asked and answered before an employee is sanctioned.
First, the employer must establish that you did something “wrong” or acted in a manner that warrants discipline. In most cases, you will be invited to an investigative meeting so that the facts of the matter can be established. For most employees covered by a Collective Agreement, your right to representation by the Union starts here. Call us for representation. While some employees choose to go through this step alone, it’s important to remember that if the right questions aren’t addressed at this stage, you may receive discipline that is either not warranted, or more than you deserve.
You have the right to know what you are being disciplined for, and to present your side of the story.
When discipline is being considered, there are a number of factors that the union will insist the employer examines including:
• Did the employee act willfully?
•Was the employee properly trained?
• Has the employee received previous discipline?
• Are there mitigating circumstances?
If the employee’s actions warrant discipline, the next question is “how much is enough?” The employer’s corrective response should match the employee’s actions; discipline is not intended to be punitive. The union will look at whether the amount of discipline is in line with the offence and whether discipline has been progressive.
Progressive discipline provides a graduated range of responses to employee performance or conduct problems. Disciplinary measures range from mild to severe, depending on the nature and frequency of the problem. It is important to keep in mind that your employer is not obliged to follow a specific path; some conduct warrants substantial discipline regardless of the employee’s prior history.
Sometimes it’s not clear whether you’re receiving discipline, or coaching, or a verbal warning. If you are in doubt, or you are called to a meeting that might lead to discipline, call us; 667-2331.