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HomeMy WebLinkAbout4-10 Discipline Cape Breton Regional Municipality Human Resource Services Policy Category: Workplace Standards Number: 04-10 Date: July 29, 1997 Approved by Council: September 23, 1997 Page: 1 of 6 Amended by Council: March 15, 2016 Constructive Discipline It is the policy of the Cape Breton Regional Municipality to promote and ensure appropriate conduct among staff and facilitate the fair and consistent treatment of all employees. 1.0 Specific Objectives 1.1 The objectives of this policy are to: a. encourage positive employee/employer relations by providing for the fair and consistent treatment of staff throughout the municipality b. encourage the proper conduct of municipal employees c. ensure that all employees of the municipality are aware of their obligations and the consequences of disregarding those obligations d. ensure that employee misconduct is dealt with in an appropriate manner 2.0 Responsibilities 2.1 Upon the recommendation of the General Committee, the Council will: a. review, amend, and adopt changes to the Constructive Discipline Policy. 2.2 The Chief Administrative Officer will: a. recommend changes to the Constructive Discipline Policy where considered appropriate b. take appropriate corrective action in accordance with the Constructive Discipline Policy. Constructive Discipline Category: Workplace Standards Page: 2 of 6 Constructive Discipline Number: 04-10 2.3 The Director of Human Resources will: a) recommend changes to the Constructive Discipline Policy where considered appropriate b) assist and advise departments in the application and monitoring of the Constructive Discipline Policy. C) ensure that a thorough investigation of the facts have been carried out. d) review case with the regional solicitor and,where necessary,review case law pertinent to the action. e) assist in the preparation of the letter for the department head/manager 0 inform the union executive g) ensure that a copy of all correspondence is maintained in the employee file h) ensure the collection and maintenance of permanent records of all corrective action which has been taken 2.4 Department heads will: a) be responsible to the Chief Administrative Officer for necessary corrective action in their respective departments b) ensure that all department employees are familiar with all aspects of the Constructive Discipline Policy C) recommend to the Director of Human Resources changes to the Constructive Discipline Policy where considered appropriate d) take necessary corrective action as appropriate and in accordance with the Constructive Discipline Policy e) assist supervisors in matters pertaining to the Constructive Discipline Policy. 2.5 Supervisors will: a) ensure that all employees for which they are directly responsible are aware of the municipality's Constructive Discipline Policy. b) assist the department head and/or other department managers in the application of the Constructive Discipline Policy. c) take necessary corrective action as appropriate in accordance with the Constructive Discipline Policy. d) suggest to the department heads, changes to the Constructive Discipline Policy. Constructive Discipline Category: Workplace Standards Page: 3 of 6 Constructive Discipline Number: 04-10 3.0 Procedure 3.1 Disciplinary Action: There will be a variation of disciplinary action dependent upon the severity, intent and frequency of the offence. The length of employment and the employee's record and position in relation to the violation must be taken in to account. 3.2 Action by the Department Head/Manager a) Document and discuss all disciplinary action with the employee as soon as possible. b) Send the employee home if the incident warrants the removal of the employee from the workplace c) To determine the facts of the case and participate in a thorough investigation d) Communicate the decision to the employee in person as soon as possible. The employee may wish to be represented by the union at this meeting. e) Inform the employee that a copy of the interview and/or letter are on the personnel file. Ensure that all written documentation, including documented facts of a verbal warning, are included on the personnel file g) If a problem is identified ensure that the employee is referred for appropriate counselling. 3.3 Levels of Progressive Discipline: The following steps outline progressive discipline or can be discipline stages on their own, subject to circumstances of the infraction. a) Employee Counselling It is within the discretion of the department head/manager to decide when to counsel an employee in accordance with Procedure Employee Counselling and when to implement formal discipline. Counselling is used in situations where the manager feels that discussion, instruction/training will resolve the employees performance or behaviour. Counselling is used to help correct poor performance and not to punish individuals. It ensures that the employee knows what is expected in terms of performance and how it is to be accomplished. b) Verbal Warning The manager outlines the circumstances leading to discipline and verbally warns the employee that should the offence reoccur, the employee shall be given a warning letter. A summary of the interview must be prepared and forwarded to the Human Resource Department for inclusion on the personnel file. Constructive Discipline Category: Workplace Standards Page: 4 of 6 Constructive Discipline Number: 04-10 c) Written Warning Should an incident arise that is considered serious enough to warrant immediate delivery of a written warning letter or should a previous offence reoccur in the progressive discipline process, the department head/manager shall meet with the employee and present a letter outlining the circumstances. The employee must be advised that should the offence reoccur the employee shall be subject to further disciplinary action up to and including dismissal. A copy of the letter shall be forwarded to the Human Resource Department for inclusion on the employees personnel file. d) Suspension Should a previous offence reoccur in the progressive disciplinary process or should an incident occur that warrants immediate suspension without pay, the department head shall review the number of days suspension with the Human Resource Department. The length of suspension depends on the severity of the offence and must be agreed upon by the Manager, Department Head and Director of Human Resources or designate. The suspension shall be documented and a letter given to the employee advising that should the offence occur again the employee will be dismissed. e) Termination If the employees behaviour does not change in the progressive discipline process and all the stages have been followed, a recommendation shall be made to the Chief Administrative Officer for dismissal of the employee. It shall be conveyed to the employee that the employee brought the action on him/herself and left the CAO with no other alternative. Details of the employee's behaviour and culminated offences leading to the dismissal shall be documented in a letter handed to the employee. For Department Heads, the recommendation for termination shall be made by the CAO to Council. 3.4 Records of Workplace Standards Records of any corrective action taken shall be added to the employee's personnel file and will be reviewed after two years. If the employee has maintained a record of good conduct for that two-year period, all accounts of minor infractions and corrective action shall be removed from the employee's file. The employee shall be informed that their record has been cleared. If any additional corrective action was required during this period, all records of this action shall remain on the employee's file until they complete the necessary two-year period of good conduct. Accounts of corrective action for major infractions shall be retained on the personnel file as a permanent record. Constructive Discipline Category: Workplace Standards Page: 5 of 6 Constructive Discipline Number: 04-10 3.5 Corrective Action Records Maintenance The following points shall be emphasized with respect to records detailing corrective action: a. the records describing the incident shall be as complete and as detailed as possible b. the records must be dated and signed by the supervisor (i.e. Chief Administrative Officer, department head or manager) and, where appropriate, by the employee affected c. the records shall state the action taken by the supervisor to address the situation d. the incident(s), as well as the effects or potential effects of the incident(s), shall be recorded e. those factors which were considered relevant to the degree of action taken must be specified f. any verbal discussion or reprimands given previously must be indicated, as well as specific dates and other relevant material 3.6 Infractions Warranting Progressive Discipline The following list includes examples, but is not limited to infractions, which warrant progressive discipline up to and including dismissal: a) Absence from duty without prior permission from the supervisor. b) Unauthorized leaving of the working area at any time without permission from the supervisor. c) Tardiness d) Creating or contributing to unsanitary or unsafe conditions in the workplace e) Harassing other employees 0 Failure to carry out supervisory instruction g) Violation of municipal policy and procedure h) Failure to immediately report any personal injury or equipment damage to supervisor i) Insubordination j) Unsatisfactory work and/or failure to maintain required standards of performance Constructive Discipline Category: Workplace Standards Page: 6 of 6 Constructive Discipline Number: 04-10 a) Making or publishing false or malicious statements concerning any employee, supervisor, the municipality or its operation b) Making false claims or misrepresentations in an attempt to obtain sick leave, accident benefits or Workers' Compensation benefits c) Theft, damage or destruction of property belonging to the municipality or to other employees d) Any proven violation of the municipality's Sexual Harassment Policy. 3.7 Police Act Infractions by Police Officers shall be dealt with in accordance with the Police Act of Nova Scotia. Constructive Discipline