Half day open training event on how to handle the termination of an employee in Toronto, Canada

1. Dismissals and terminations
by Toronto Training and HR
November 2014
1

2. CONTENTS
3-4 Introduction
5-6 Definition
7-8 Employment contracts
9-10 Factors to take into account
11-12 Progressive discipline
13-16 Just cause
17-18 Notice of termination
19-21 How to reduce the legal uncertainty of a wrongful dismissal case
22-23 Damages
24-26 No-brainers
27-28 Spotting a liar
29-31 Fraud
32-33 Receiving the complaint
34-36 Investigations
37-41 Disciplinary interviews
42-43 Why do we need…disciplinary interviews
44-45 Why do we need…grievance procedures
46-49 Fundamentals around terminations
50-51 Conclusion, summary and questions
2

3. Introduction
3

4. Introduction to Toronto Training
and HR
Toronto Training and HR is a specialist training and
human resources consultancy headed by Timothy Holden
10 years in banking
15 years in training and human resources
Freelance practitioner since 2006
The core services provided by Toronto Training and HR
are:
Training event design
Training event delivery
HR support with an emphasis on reducing
costs, saving time plus improving employee
engagement and morale
Services for job seekers
4

5. Definitions
5

6. • Termination of employment
• Constructive dismissal
• Wrongful dismissal
• Temporary lay-off
• Written notice of
termination
• Termination pay
• Mass termination
6
Definitions

7. Employment contracts
7

8. • Written or implied
contracts
• Definition of
expectations
• Employer’s implied
expectations
8
Employment
contracts

9. Factors to take into
account
9

10. • Matters relating to
conduct
• Matters relating to
poor performance
10
Factors to take
into account

11. Progressive discipline
11

12. • Definition
• Promotes dialogue,
establishes
expectations and
allows opportunities
for improvement
• Possible steps
12
Progressive
discipline

13. Just cause
13

14. • Definition
• Without just cause
• Notice of termination
under the
Employment
Standards Act, unless
the employee was
guilty of…
14
Just cause 1 of 3

15. Three step test
• Determine the nature
and extent of the
misconduct
• Consider the
surrounding
circumstances for both
the employer and the
employee
• Determine if dismissal
is warranted as a
proportional response
15
Just cause 2 of 3

16. Contextual
assessment
• What are the
surrounding
circumstances?
16
Just cause 3 of 3

17. Notice of termination
17

18. • Working notice
• Adequate notice
• Reasonable notice
18
Notice of
termination

19. How to reduce the legal
uncertainty of a wrongful
dismissal case
19

20. • Employment contracts
with a termination clause
• If no termination clause
exists, provide working
notice of termination
• If no working notice of
termination exists,
provide outplacement
• Pay out termination pay
and severance pay under
the ESA
20
How to reduce
the legal
uncertainty of a
wrongful
dismissal case
1 of 2

21. • Provide references
• Keep track of job
vacancies posted online
and provide these to the
employee involved
21
How to reduce
the legal
uncertainty of a
wrongful
dismissal case
2 of 2

22. Damages
22

23. • Wrongful dismissal
• Violation of the
Human Rights
Code
• Punitive damages
23
Damages

24. No-brainers
24

25. When an employee…
• is found dealing drugs in
the workplace
• poses a clear danger to
personnel or property
• is disclosed to have
falsified information on a
resume and doesn’t
possess proper
credentials for the
position held
25
No-brainers
1 of 2

26. When an employee…(cont.)
• is found guilty of sexual
assault or committing a
“hate crime” on the job
• is caught stealing at work
• refuses to stop violating
basic organizational policies
• admits to intentionally
sabotaging company
equipment or selling trade
secrets to competitors
26
No-brainers
2 of 2

27. Spotting a liar
27

28. • Speech patterns
• Facial expressions
• Posture
• Dehydration
• Nerves
• Body language
28
Spotting a liar

29. Fraud
29

30. Questions to ask
• Is it too good to be true?
• Have you checked the
source documents?
• Do you trust the auditors,
trustees and regulators?
• Is your suspect a
bullying, manipulative
and secretive liar?
• Do you have a
whistleblowing program?
30
Fraud 1 of 2

31. Initiatives to take
• Have a code of conduct
and management training
program
• Have a fraud policy
• Screen new employees
thoroughly
• Have a whistleblower line
31
Fraud 2 of 2

32. Receiving the complaint
32

33. • Types of complaint
• Sources of complaint
• Anonymous complaints
• Key issues
33
Receiving the
complaint

34. Investigations
34

35. • Definition
• Why is it necessary
• Duty to investigate
• Objectives
• Barriers
• Privilege
• Actions to support
35
Investigations
1 of 2

36. Steps to take
• Document the complaint
or suspicion
• Determine any interim
action
• Choose the investigator
• Prepare the materials
• Conduct the interviews
• Assess the information
and facts
• Make the decision
• Issue a summary report 36
Investigations
2 of 2

37. Disciplinary interviews
37

38. • Ensure all the facts are
investigated in advance and
plan how the meeting is to be
approached
• Make sure the employee knows
why they have been asked to
attend and that they have a
right to have a companion
present
• Make sure the individual has
reasonable notice, ideally more
than 72 hours
38
Disciplinary
interviews
1 of 4

39. • Provide appropriate statements
from people involved in
advance of the meeting,
together with any key
information you intend to rely
on
• Make sure another member of
management can be there to
take detailed notes and help
conduct the interview
• Never pre-judge the outcome
of the interview before hearing
the employee's perspective
39
Disciplinary
interviews
2 of 4

40. • Start the interview by stating
the complaint to the employee
and referring to appropriate
statements
• Give the employee ample
opportunity to put forward their
side of the story and call any
supporting witnesses
• Employers can also call
witnesses, but they can only be
in the room for the relevant
part of the interview – not the
duration
40
Disciplinary
interviews
3 of 4

41. • Make use of adjournments
• Deliver the decision, confirm
review periods and ensure
you give details of how to
appeal
• Confirm the decision in
writing
41
Disciplinary
interviews
4 of 4

42. Why do we
need…disciplinary
procedures
42

43. • Let employees know
what is expected
• Identify obstacles to
individuals achieving the
required standards
• Enable suitable
objectives to be agreed
• Try to resolve matters
without a tribunal
• Demonstrate to a
tribunal that an
appropriate process has
been followed 43
Why do we
need…disciplinary
procedures

44. Why do we
need…grievance
procedures
44

45. • Provide individuals with a
course of action if they
have a complaint (which
they are unable to resolve
through regular
communication with their
line manager)
• Provide points of contact
and timescales to resolve
issues of concern
• Try to resolve matters
without recourse to a
tribunal 45
Why do we
need…grievance
procedures

46. Fundamentals around
terminations
46

47. • Document all remedial
efforts-review the
process with legal
experts if necessary
• If in doubt, get a
second opinion (some
organizations don’t
allow any one person
to hire or terminate
personnel)
47
Fundamentals
around
terminations
1 of 3

48. • Once a decision is made,
don’t waffle, waiver or
second-guess yourself; press
fiercely forward
• Terminate in private; but
include a witness if
appropriate
• Never terminate in anger
• Give reasons for the
termination; but don’t
debate or argue with the
employee
48
Fundamentals
around
terminations
2 of 3

49. • Strive to part amicably and
offer support if possible
• Make reasonable
accommodations for an
orderly and dignified exit
• Secure the organization’s
property, files and data
during the process-add
security if a threat is
involved
• After the termination, don’t
share details with other
employees 49
Fundamentals
around
terminations
3 of 3

50. Conclusion, summary and
questions
50

51. Conclusion, summary and
questions
Conclusion
Summary
Videos
Questions
51