Discipline

Subscribe to Discipline
An Employer’s Guide to Managing Employees with Progressive Discipline

If you’re an employer, you know that, whether you have 10 employees or 100, there is an art to managing your workforce and a well-oiled human resource process is necessary for a well-run business. You invest a lot of time and money into your employees and, understandably, expect attendance, productivity, and proper work conduct in return that will benefit your business as a whole. 

If you have employees who aren’t meeting the expectations of their role, it’s important not to have a knee-jerk reaction. Instead, progressive discipline gives both the employer and employee the opportunity to get on the same page and provides the employee with a roadmap for improvement.…

Continue Reading An Employer’s Guide to Managing Employees with Progressive Discipline

Hey Ontario Employers!  Are you burnt out and overwhelmed with all of the HR Law fires you’re always putting out and the struggle of just keeping up with legal compliance?  We have built a brand-new legal solution called the Boss Law Bootcamp!  Check out the video below and/or visit our website to learn more!

Workplace harassment and the employer’s duty to correct it
Photo by Roland Samuel on Unsplash

Occupational health and safety legislation in Ontario protects workers from the risk and harm of harassment at work. Under the Occupational Health and Safety Act (OHSA) employers have a legal duty to guard against and correct workplace harassment no matter how small the team. 

Here are some things to keep in mind regarding workplace safety and the employer’s obligations. 

Harassment Can Go By Many Names

Bullying is harassment. Employees sometimes think that the form of harassment they are facing is less serious than the harassment that OHSA targets. But any euphemism for harassment, like bullying or mocking, doesn’t make it less harmful to workplace health and safety. Even lighthearted bullying can count as harassment under OHSA and the employer will have a duty to prevent and act on it. OHSA says that:…
Continue Reading Workplace Harassment: the Employer’s Duty

workplace violence and harassment
Photo by Andrea Piacquadio from Pexels

When it comes to workplace violence and prevention, the federal government has been playing catch up with the provinces. Starting in 2017, the feds have been working on amendments to the Canada Labour Code (CLC) to more fully address workplace violence and harassment. While Bill-65 – snappily named An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 – establishing the amendments was passed in 2018, the changes had not come into effect nor had a date for their coming into effect been announced. New regulations were announced on June 24, 2020, which provide employers with more details regarding what will be required of them and setting out an effective date of January 1, 2021, for the changes. There are also requirements that employers need to meet before January 1, 2021. More details can be found on the government site here.  …
Continue Reading New Federal Anti-Workplace Violence and Harassment Requirements

internal vs external workplace investigations
Photo by mentatdgt from Pexels

So you’ve received a harassment complaint from one employee about another employee. What do you do? Do you have to investigate?  Can you use your common sense and just discipline? Is the complaint clearly BS in the first place? What if the complaint is about a break-the-company level fraud by your CFO?

Workplace investigations are usually an unwelcome but necessary business diversion. Many employers would rather avoid them and will attempt, or seek counsel’s validation for, a quick and dirty alternative such as a quick-release termination of the alleged wrongdoer or relocation of the complainant. But these are not alternatives to investigating, are never the upfront solution and often fail to satisfy the legal obligation to properly investigate. These responses are more likely to expose an employer to greater liability.

A complaint of workplace misconduct needs to move quickly, and yet is no time for fast thinking. Employers should instead think carefully about the substance of the complaint, the impact on the involved parties and the business fallout if their response is the wrong one. …
Continue Reading Do I have to hire a super expensive external investigator? Maybe. Maybe not.

Terminating Employees for Inappropriate Behaviour
Photo by mana5280 on Unsplash

In the wake of the killing of George Floyd and in the midst of protests and heightened awareness of anti-black racism across the world, two prominent Canadians have been “cancelled.”

Earlier this month Sasha Exeter, lifestyle blogger and influencer, called out Jessica Mulroney for “textbook white privilege.” Exeter explained, calling out Mulroney by name, that Mulroney took offence to her call to action for people with large public followings to use their platforms to address racial inequality and then proceeded to threaten Exeter and her brand.  Soon after Mulroney’s reality show, “I Do, Redo” had been cancelled by CTV, and Cityline, Good Morning America, Hudson’s Bay and apparently Meghan Markle, had all cut their ties with the star.…

Continue Reading Cancel Culture at Work: Terminating Employees for Inappropriate Behaviour

With the huge response to the Raptors parade this week we thought it a good time to revisit the issue of unauthorized employee absences. Many employers allowed their employees the day off to go celebrate, but there were also reports showing some employees, who did not get the day off, wearing fake noses and disguises …