Performance Management & Discipline
Employers have the right to manage their business including, among other things, to impose performance management and/or discipline if required. In many cases, performance management and/or discipline may be imposed in a manner that is arbitrary, discriminatory, or done in bad faith and employees have the right to challenge performance management and/or discipline in these circumstances. If an employer is trying to performance management and/or impose discipline that you do not believe is fair, it is prudent to seek legal advice to understand your rights.
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Performance Improvement Plans
There are situations whereby an employer will try to place you on a Performance Improvement Plan (“PIP”) to provide you with a set of expectations along with a timeframe for you to improve your performance. In some cases, PIP’s are set out with unrealistic timeframes or objectives that cannot be practically achieved and in other cases, they are designed to set the stage for upcoming progressive discipline, up to and including, termination of employment. In a situation, where you have been the subject of a PIP that you do not believe is fair and/or reasonable in the circumstances, you should seek legal advice either to guide you behind the scenes or on the record.
Progressive Discipline
Employers when imposing discipline are required to do so in a manner that is fair and reasonable in the circumstances. As well, employers need to ensure that progressive discipline is proportionate to the facts of the situation. In a situation, where you have been the subject of progressive discipline that you believe is unfair, unreasonable or disproportionate, it is prudent for you to consult with legal counsel to ensure that your rights are fully protected.
