10 Essentials of Managing the Employment Relationships

10 Essentials for Managing the Employment Relationship

March 13, 2013

Presented by: Matthew R. Vella, Principal/Lawyer

Vella Labour Law

For audio, it is recommended you dial inA copy of the slides + recording will be available post webinar

AUDIO: 1-877-668-4493Access Code: 660 334 605

Event Password: 1234 WebEx Support: 1-866-863-3910

2

AGENDA

• Dealing with Employee Issues

• Disciplinary Issues

• Performance Issues

• The P.I.P.

• Performance Evaluations

DEALING WITH EMPLOYEE ISSUES

• We must be cognizant of the very important distinction between:

– Disciplinary issues (misconduct)

– Performance Issues

How we manage problems will vary greatly depending on this distinction.

DISCIPLINARY ISSUES

• These deal with misconduct. Willful (or patently careless) activity that is worthy of discipline:

– Repeated lateness

– Failure to follow policies

– Smoking in the bathroom

– Inappropriate use of internet or email systems

– Harassment of a co-worker

– Insubordination

DISCIPLINARY ISSUES

• Courts have taken up the arbitral jurisprudence. Judges want to see a proper progression through a system of progressive discipline:

– Verbal warnings

– Written warnings

– Suspensions (if allowed by contract)

– Threats of dismissal or warnings prior to termination

DISCIPLINARY ISSUES

• When following progressive discipline keep the following key tenets in mind:– Always warn of future consequence for future actions

– Always be mindful of condoning the behavior by repeatedly warning without escalation

– Treat like offences alike and start new chains of progressive discipline for new “types of offence”

• BUT learn how to create broad classes so you don’t have to keep starting over You do not always have to follow progressive discipline

– WATCH YOUR POLICIES

DISCIPLINARY ISSUES

• Some Innovation: A longstanding tradition in unionized workplaces, non-union employers may want to consider use of “Last Chance Agreements”.

PERFORMANCE ISSUES

• Distinct from disciplinary issues. Performance issues should not be met with disciplinary responses.

– Poorly done reports

– Missed deadlines

– Inability to properly perform certain aspects of the job

These types of issues require corrective action but not disciplinary action.

The employee cannot be fired until and unless he has been given a reasonable chance to improve.

PERFORMANCE ISSUES

• Heads up for Human Rights issues

Adam has been the company’s credit manager for 7 years. In 2013 he is missing deadlines and numerous errors are found in his work. Adam gets a negative performance review and then takes a stress leave claiming that the errors and issues were caused by a major depressive issue.

PERFORMANCE ISSUES

• If a person used to perform well and now is not performing, be cognizant of the chance that there is a human rights issue lurking behind the scenes.

• Otherwise, how do we deal with performance issues:

– Coaching

– Verbal warnings

– Written warnings

– Performance Improvement Plans (P.I.P.)

PERFORMANCE ISSUES

• Verbal and written warnings are of a different nature, they are non-disciplinary in tone but simply warn the employee that her work is not up to standards and that improvement is required. Offer assistance where possible.

THE P.I.P.

• This is the end of the road for performance management. Beware, your employee sees it that way too and will read it differently than you do.

• The P.I.P. sets predefined goals and targets, deadlines, and regular reporting and meeting

• Make sure your P.I.P. is reasonable! If this is the last step before a termination, expect that it could be reviewed in litigation and draft it accordingly.

THE P.I.P.

• Make sure that progress throughout the P.I.P. is tracked and that feedback is provided to the employee where appropriate

• Give the employee a chance to provide feedback on the PIP before it is instituted, take reasonable suggestions where possible, and be ready for unreasonable suggestions as well

PERFORMANCE EVALUATIONS

• These are very important in litigation and can cause a huge problem for your company

• Employees who are performing well should receive positive feedback and encouragement.

• Employees who are having issues should have those issues set out in the Performance Evaluation. Whatever you put in there is set in stone as far as a judge is concerned.

PERFORMANCE EVALUATIONS

• The Problem of an “aim to please attitude”

In 2008 Greg is doing “ok” in his position but not overly well. He has missed some deadlines and struggled with several large tasks. His work is increasingly filled with errors. His manager does not want to create conflict and gives Greg a glowing performance evaluation highlighting his strengths and the “great effort Greg puts in” without discussing his weaknesses. In 2009 Greg has a new manager who feels that Greg is incompetent. He gives Greg a negative performance review and recommends that he take a position of lesser importance. Greg sues the company for constructive dismissal and blames the new manager for the issues, citing his glowing 2008 review which will of course be disclosed to the court.

PERFORMANCE EVALUATIONS

• Of course positive feedback and a positive attitude is always important. The key is to make sure that if there are issues, those issues are addressed.

• You can do so with positive encouragement and proposed solutions added into the evaluation so that it is not overly negative, (employees do not respond well to overtly negative feedback)

• Fail to address an issue in the performance appraisal, then expect to, legally speaking, never be able to address it again

QUESTIONS?

Free Offer

• We’re offering a free 30-minute consultation that can include:

Performance Evaluation review

Constructing an effective P.I.P.

Assessment of how your Warnings are written

Contact Maysa to take advantage of this exclusive [email protected]

18

Upcoming Webinars

Register at http://drake-webinars.com

April 10, 12pm EST

Death of an Employment Relationship

Presented by: Matthew Vella – Vella Labour Law

19

Thank You for Attending For questions, please contact Maysa Hawwash

[email protected]

416.216.1067

20