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ARTICLE · 04 FEBRUARY 2021

A Tale Of Two Documents

Roper Greyell LLP
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Employers and HR professionals have become increasingly alive to the requirement to document misconduct and build the case for termination of employment.

CanadaEmployment and HR
Adam Van Der Linde
Adam Van Der Linde
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Previously printed in the LexisNexis Labour Notes Newsletter.

Employers and HR professionals have become increasingly alive to the requirement to document misconduct and build the case for termination of employment. Sometimes, we do not intend to go that far, and only plan to issue a letter of expectations. The best of intentions, however, can go awry and we can overstep. While our notes to file may always be a blow to the employee, they can have more force than intended if we are not mindful of the distinction between administration and discipline.

The importance of this distinction is illustrated by the recent arbitral decision of College of New Caledonia -and- Faculty Association of the College of New Caledonia, [2019] B.C.C.A.A.A. No. 124 (Saunders). In that case, Arbitrator Saunders was tasked with determining the nature and consequent impact of a document intended to be a letter of expectations.

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