HR Domains (Career GPS): Employee Relations; Occupational Health and Safety; Performance and Rewards
Employee misconduct can happen in all workplaces, whether unionized or not. Do you know the best way to handle it? Join employment lawyer James Knight as he discusses types of workplace discipline and best practices for using it effectively.
Topics to be discussed include:
- What is the purpose of imposing discipline?
- progressive discipline
- corrective action
- limited utility of punishment as a deterrent?
- What is the legal imperative for imposing discipline:
- statutory expectations including human rights, health and safety and especially the new workplace harassment and violence provisions
- the importance of a disciplinary record as the foundation for future action
- the concept of just cause
- How do you determine when discipline is warranted?
- a disciplinary investigation to determine the facts
- standard of proof: balance of probabilities
- a decision as to whether or not, on balance, the facts merit discipline
- alternatives to discipline
- if discipline, determining the appropriate disciplinary consequence in light of the situation, the record, and mitigating circumstances
•Winning your case
- good facts make good law
- limit the need for oral testimony and improve the quality of evidence:
- document, document, document
- other kinds of evidence
- effective “show and tell”
- get on with it: timely adjudication
•Limiting the need for discipline: communication and follow-through
- communicating workplace rules, standards, policies and expectations
- learning from mistakes: communal and individual
- timely follow-up
- bias for action
Presenter: James G. Knight, partner, Filion Wakely Thorup Angeletti LLP
Jamie Knight has more than a quarter-century of experience representing management in labour and employment law, including numerous appearances before the courts, arbitration boards, labour relations tribunals, as well as participating in adjudications in human rights, employment standards and health and safety matters. Jamie also has extensive experience in collective bargaining and assisting employers in interacting with trade unions, including defending against union organizing campaigns.
Jamie is a member of the Labour Relations and Workers Compensation Sections of the Ontario Bar Association. He is an active participant in HRPA and has spent the past several years serving on the Complaints, Investigation and Discipline Committee.