Warnings and Suspensions
Generally speaking, an employer cannot legitimately terminate the employment of a unionized employee based on a single incident of misconduct. Ordinarily, the employer will be required to implement progressively more severe forms of discipline with respect to the incidents of misconduct over time. This process is referred to in labour law as the principle of progressive discipline.
The employer must follow certain basic rules in the area of progressive discipline:
- the employer must maintain an accurate account of the employee's records to be used as evidence in any grievance regarding discharge;
- the employer should provide the employee with appropriate warnings, in writing, which become more and more serious over time;
- the employer should make sure that the final or "culminating" incident is deserving of some form of discipline.
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