Personnel and Employee Relations AP 446: CUPE Discipline

Background

Discipline may be necessary when an employee fails to meet the expected standards for performance or conduct. The objective of the discipline is to ensure that the employees achieve satisfactory levels of performance or conduct.

Definitions

Immediate Supervisor - A Division employee in a supervisory position to which the employee is assigned, including principals, vice principals, out of scope employees, and others whose job assignment includes supervision of members of the Canadian Union of Public Employees (CUPE), Local 2545.

Union - Canadian Union of Public Employees (CUPE), Local 2545.

Procedures

1. Employees are to receive regular feedback on their work performance and assistance to improve.
2. All employees are entitled to understand the standards that their performance or conduct is to meet.
3. All employees are entitled to be advised if their performance is unsatisfactory, and in most cases, given direction and opportunity to improve.
4. The disciplinary process needs to be fair, objective and free from discrimination. As such, before disciplinary action is taken, an investigation of the incident(s) must be completed.
5. All employees shall be able to access discipline policies and procedures.
6. Disciplinary actions must apply fairly and consistently to all employees. Typically, the progression of discipline needs to apply to related past incidents.
7. While this Administrative Procedure envisions discipline as a progressive process, specific behaviour(s) may be serious enough to warrant bypassing earlier steps in the process to impose more severe disciplinary measures.
8. Disciplinary actions will be progressive in nature and will consist of four steps:
   Step 1 – Verbal Warning
   Step 2 – Written Notice of Dissatisfaction
   Step 3 – Suspension
   Step 4 – Dismissal
9. Procedures - Non-Disciplinary
   1. The Supervisor may recommend to the Head of the Human Resources Department or designate the suspension from the performance of his or her duties an employee, with or without pay, for non-disciplinary reasons, where the continued presence of the employee can be considered to present a reasonably serious and immediate risk to the legitimate concerns of the employer.
10. Procedures - Disciplinary
    1. It is the practice of the Employer to use a progressive discipline program to ensure employee behaviour aligns with Division expectations, policies, procedures and legislation. Supervisors are to make reasonable efforts to ensure employees are aware of acceptable job performance and work behaviour standards. The type of disciplinary action (up to and including termination) taken depends on the nature and seriousness of the circumstances surrounding the offense as determined by an employee’s Supervisor in consultation with the Head of the Human Resources Department, or designate.
    2. The Employer reserves the right to determine appropriate discipline as outlined in this Administrative Procedure, and specifically the option to imposing immediate discipline, up to and including termination.
    3. An employee shall have the right to have a Union representative at a meeting with the Employer called to discuss any disciplinary action. The Employer shall give written particulars within ten (10) working days of such discipline to the employee with copies to the Union and the employee’s record.
11. Supervisors will typically, follow the progressive discipline procedures below, until the issue(s) is resolved:
    1. Verbal Warning
       1. An employee may be given a verbal warning by their Supervisor detailing deficiencies and/or violations, the standard required of the employee, suitable instructions to the employee on how to meet the standard and the course of action that will be taken should further violations occur. Verbal warning is to be documented by the Supervisor and forwarded to the Human Resources Coordinator to be placed in an employee’s personnel file.
    2. Written Notice of Dissatisfaction 
       1. As a subsequent measure, an employee may be given, by their Supervisor, a written notice of dissatisfaction detailing deficiencies and/or violations, from the Division expectations and procedures required of the employee, suitable instructions to the employee on how to meet the standard, and course of action that will be taken should further violations occur.
       2. The employee’s signature signifies only receipt of the written notice of dissatisfaction. A copy of the written notice of dissatisfaction will be sent to Head of the Human Resources Department, the Union and the original to the employee’s record for filing.
    3. Suspension Without Pay
       1. The Supervisor may then recommend to the Head of the Human Resources Department or designate an employee’s suspension from work without pay as a disciplinary action. A letter will accompany such suspension. The employee’s signature signifies only receipt of this letter. A copy of the letter will be sent to the Head of the Human Resources Department, to the Union, and the original to the employee’s record for filing.
    4. Termination
       1. An employee may be terminated if previous disciplinary action fails to correct deficiency, or if a deficiency is so serious as to warrant immediate termination. The Superintendent, or designate, makes all final decisions with respect to dismissal based on all supporting documentation as well as any recommendation from the employee’s Supervisors. A copy of the termination letter will be provided to the Union.
       2. Appeals of any disciplinary action decisions will be conducted in accordance with the Grievance Procedure in the CUPE Collective Agreement.