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ARTICLE · 20 MARCH 2017

Managing Problem Employees: Should An Administrative Or A Disciplinary Measure Be Applied?

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Employers regularly have to deal with issues involving problem employees, such as persistent absenteeism, inappropriate behaviour or substandard work.

CanadaEmployment and HR
Sarto Veilleux
Sarto Veilleux
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Employers regularly have to deal with issues involving problem employees, such as persistent absenteeism, inappropriate behaviour or substandard work.  Employers often have to intervene to ensure that their organizations function properly.

Such interventions, which can go so far as terminating the employment relationship, are often made when taking action seems urgent or when other matters may overshadow their importance, which can increase the risk of dismissed employees successfully contesting their firing and even obtaining substantial awards of damages.

In this context, a fundamental distinction must be made between disciplinary measures and non-disciplinary (or administrative) measures, as this distinction can have concrete impacts on both how the employees concerned are dealt with and the outcome of any recourses they may pursue.

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