Progressive Disciplinary Policy - Template, Sample Form Pro · EN-CA-law

PROGRESSIVE DISCIPLINARY POLICY

________ (the "Company")

Province of Operation: ________

Effective Date: ________

§ 1. Purpose and Description. The purpose of this Progressive Disciplinary Policy (the "Policy") is to explain how the Company addresses employee misconduct, breaches of workplace rules, and performance deficiencies. This Policy describes a graduated approach to discipline, including the potential consequences of employee conduct, with the objective of providing employees a fair opportunity to correct misconduct or improve job performance before more serious disciplinary action is taken, up to and including termination of employment.

§ 2. Discretionary Application. While this Policy describes a sequence of progressive measures, the Company reserves the right, in its sole discretion, to bypass, combine, accelerate, or repeat any step depending on the gravity and circumstances of each situation. All matters of misconduct or performance are assessed on an individual, case-by-case basis.

§ 3. No Contractual Effect. This Policy is a statement of the Company's general practices and does not constitute, and shall not be interpreted as creating, a contract of employment or any contractual right or obligation between the Company and any employee. Nothing in this Policy alters the at-will or contractual nature of any employment relationship, nor does it limit the Company's right to administer discipline (including summary dismissal for just cause where supported at law) in accordance with applicable employment standards legislation, the common law, and any applicable collective agreement.

§ 4. Scope. This Policy applies to all employees of the Company. Where an employee is governed by a collective agreement, the terms of that agreement shall prevail to the extent of any conflict. Nothing in this Policy operates to reduce or waive any minimum entitlement guaranteed by the applicable provincial or territorial employment standards legislation, occupational health and safety legislation, or human rights legislation.

§ 5. Overview of Disciplinary Measures. The Company may impose discipline for workplace infractions, including misconduct and unsatisfactory performance, in its reasonable discretion. Disciplinary measures may include, but are not limited to, verbal or written warnings, disciplinary or investigatory meetings, corrective or performance improvement plans, paid or unpaid suspensions (administered in compliance with applicable employment standards legislation), demotion, reassignment, and/or termination of employment.

§ 6. Relevant Factors. In determining the appropriate disciplinary response, the Company may consider any factors it reasonably deems relevant, including without limitation whether the conduct constitutes a single or repeated occurrence, the employee's overall work and disciplinary record, the employee's length of service, the employee's response to management, any mitigating or aggravating circumstances, and the impact of the conduct on colleagues, clients, or the Company.

§ 7. Disciplinary Guidelines. The Company sets out general guidelines for conduct it considers unacceptable. The following list is illustrative and not exhaustive; the Company may discipline any employee for any conduct it reasonably determines to be unacceptable. These guidelines apply to all employees while conducting Company business, whether on or off Company premises:

7.1 Unsatisfactory work performance or lack of professionalism;

7.2 Abuse, threats of violence, or acts of violence toward colleagues, clients, or others;

7.3 Conduct that creates a toxic, hostile, or unsafe workplace, including the use of abusive language, inappropriate remarks, or provocation of colleagues;

7.4 Fraud or dishonesty;

7.5 Deceit or misrepresentation;

7.6 Theft or unauthorized possession or use of Company or third-party property;

7.7 Use, possession, or distribution of illegal drugs or weapons on Company premises or while conducting Company business;

7.8 Failure to perform assigned duties;

7.9 Failure to comply with Company rules, policies, or lawful directions;

7.10 Chronic lateness, unexcused absences, or abandonment of post;

7.11 Harassment, including sexual harassment, bullying, or discrimination contrary to applicable human rights legislation and occupational health and safety legislation;

7.12 Misuse or unauthorized disclosure of confidential, proprietary, or personal information, including any breach of applicable privacy legislation;

7.13 Any other violation of Company rules, policies, or applicable law.

§ 8. Disciplinary Procedures. The following procedures will apply to most disciplinary situations. The Company may, in its discretion, implement any other disciplinary measure described in this Policy, instead of or in addition to any of the steps below, having regard to the nature and seriousness of the matter.

Step 1 — Verbal Warning.

At the first sign of a performance issue or misconduct, the employee's immediate supervisor will issue a verbal warning, which may take the form of an informal discussion. The supervisor will ensure the employee clearly understands the concern and what is required to resolve it. The supervisor may work with the employee to develop an informal counselling or corrective action plan, and may prepare a written record of the discussion and request the employee's acknowledgement.

Step 2 — Written Warning.

If the matter is not corrected to the supervisor's satisfaction, a written warning will issue as formal notice and be placed in the employee's file. The supervisor, who may be joined by management, will meet with the employee to review the situation and the prior verbal warning, assess the lack of progress under any informal plan, set clear expectations, and communicate the consequences of failing to meet them. The employee may receive a formal performance improvement plan at this stage.

Step 3 — Final Written Warning or Suspension.

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Step 4 — Termination.

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To the extent reasonably possible, all procedures under this Policy will be conducted confidentially.

§ 9. Just Cause and Summary Dismissal. Nothing in this Policy limits the Company's right to terminate employment for just cause without prior notice or progressive steps where the employee's conduct, at law, justifies summary dismissal. Conversely, the use of progressive discipline shall not be construed as a waiver of the Company's right to assert just cause in respect of any conduct.

§ 10. Appeal of Disciplinary Action. An employee may appeal a disciplinary action by submitting relevant information and evidence in support. An appeal must be submitted in writing within the following time limit: ________, addressed to ________. The decision whether to modify any disciplinary action rests in the sole discretion of management, which is under no obligation to do so. This internal appeal process does not limit any right an employee may have to pursue a complaint or claim under applicable employment standards, human rights, or labour relations legislation.

§ 11. Illegal Activity. Conduct constituting a criminal or other unlawful act is not subject to the progressive steps of this Policy and may be grounds for immediate termination. The Company may report such conduct to the appropriate law enforcement or regulatory authorities.

§ 12. Documentation and Privacy. The employee will receive copies of all documentation created under this Policy, and such documentation will be retained in the employee's personnel file. All personal information collected, used, and retained in connection with this Policy will be handled in accordance with applicable privacy legislation.

§ 13. No Replacement. This Policy is to be read in conjunction with, and not as a replacement for, any other employment policy, employee handbook, code of conduct, or workplace rule, and is subject to the terms of any applicable collective agreement and applicable law.

§ 14. Amendment. The Company reserves the right to amend, modify, supplement, or withdraw this Policy at any time, in its sole discretion, subject to applicable law.

§ 15. Questions. Questions or comments regarding this Policy may be directed to: ________.

ACKNOWLEDGEMENT

I acknowledge that I have received and reviewed the Progressive Disciplinary Policy and understand my obligations under it. I understand that failure to comply with this Policy may result in disciplinary action, up to and including termination of employment.

I further understand that this Policy does not constitute a contract of employment and that the Company reserves the right to amend, modify, or withdraw this Policy at any time, subject to applicable law.

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Employee Signature

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Employee Name (Print)

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Date

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Company Representative Signature

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Company Representative Name and Title (Print)

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Date