Dismissals and terminations 
by Toronto Training and HR 
November 2014 
1
CONTENTS 
3-4 Introduction 
5-6 Definition 
7-8 Employment contracts 
9-10 Factors to take into account 
11-12 Progressive...
Introduction 
3
Introduction to Toronto Training 
and HR 
Toronto Training and HR is a specialist training and 
human resources consultanc...
Definitions 
5
• Termination of employment 
• Constructive dismissal 
• Wrongful dismissal 
• Temporary lay-off 
• Written notice of 
ter...
Employment contracts 
7
• Written or implied 
contracts 
• Definition of 
expectations 
• Employer’s implied 
expectations 
8 
Employment 
contrac...
Factors to take into 
account 
9
• Matters relating to 
conduct 
• Matters relating to 
poor performance 
10 
Factors to take 
into account
Progressive discipline 
11
• Definition 
• Promotes dialogue, 
establishes 
expectations and 
allows opportunities 
for improvement 
• Possible steps...
Just cause 
13
• Definition 
• Without just cause 
• Notice of termination 
under the 
Employment 
Standards Act, unless 
the employee wa...
Three step test 
• Determine the nature 
and extent of the 
misconduct 
• Consider the 
surrounding 
circumstances for bot...
Contextual 
assessment 
• What are the 
surrounding 
circumstances? 
16 
Just cause 3 of 3
Notice of termination 
17
• Working notice 
• Adequate notice 
• Reasonable notice 
18 
Notice of 
termination
How to reduce the legal 
uncertainty of a wrongful 
dismissal case 
19
• Employment contracts 
with a termination clause 
• If no termination clause 
exists, provide working 
notice of terminat...
• Provide references 
• Keep track of job 
vacancies posted online 
and provide these to the 
employee involved 
21 
How t...
Damages 
22
• Wrongful dismissal 
• Violation of the 
Human Rights 
Code 
• Punitive damages 
23 
Damages
No-brainers 
24
When an employee… 
• is found dealing drugs in 
the workplace 
• poses a clear danger to 
personnel or property 
• is disc...
When an employee…(cont.) 
• is found guilty of sexual 
assault or committing a 
“hate crime” on the job 
• is caught steal...
Spotting a liar 
27
• Speech patterns 
• Facial expressions 
• Posture 
• Dehydration 
• Nerves 
• Body language 
28 
Spotting a liar
Fraud 
29
Questions to ask 
• Is it too good to be true? 
• Have you checked the 
source documents? 
• Do you trust the auditors, 
t...
Initiatives to take 
• Have a code of conduct 
and management training 
program 
• Have a fraud policy 
• Screen new emplo...
Receiving the complaint 
32
• Types of complaint 
• Sources of complaint 
• Anonymous complaints 
• Key issues 
33 
Receiving the 
complaint
Investigations 
34
• Definition 
• Why is it necessary 
• Duty to investigate 
• Objectives 
• Barriers 
• Privilege 
• Actions to support 
3...
Steps to take 
• Document the complaint 
or suspicion 
• Determine any interim 
action 
• Choose the investigator 
• Prepa...
Disciplinary interviews 
37
• Ensure all the facts are 
investigated in advance and 
plan how the meeting is to be 
approached 
• Make sure the employ...
• Provide appropriate statements 
from people involved in 
advance of the meeting, 
together with any key 
information you...
• Start the interview by stating 
the complaint to the employee 
and referring to appropriate 
statements 
• Give the empl...
• Make use of adjournments 
• Deliver the decision, confirm 
review periods and ensure 
you give details of how to 
appeal...
Why do we 
need…disciplinary 
procedures 
42
• Let employees know 
what is expected 
• Identify obstacles to 
individuals achieving the 
required standards 
• Enable s...
Why do we 
need…grievance 
procedures 
44
• Provide individuals with a 
course of action if they 
have a complaint (which 
they are unable to resolve 
through regul...
Fundamentals around 
terminations 
46
• Document all remedial 
efforts-review the 
process with legal 
experts if necessary 
• If in doubt, get a 
second opinio...
• Once a decision is made, 
don’t waffle, waiver or 
second-guess yourself; press 
fiercely forward 
• Terminate in privat...
• Strive to part amicably and 
offer support if possible 
• Make reasonable 
accommodations for an 
orderly and dignified ...
Conclusion, summary and 
questions 
50
Conclusion, summary and 
questions 
Conclusion 
Summary 
Videos 
Questions 
51
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Terminations & dismissals November 2014

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

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Terminations & dismissals November 2014

  1. 1. Dismissals and terminations by Toronto Training and HR November 2014 1
  2. 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. 3. Introduction 3
  4. 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. 5. Definitions 5
  6. 6. • Termination of employment • Constructive dismissal • Wrongful dismissal • Temporary lay-off • Written notice of termination • Termination pay • Mass termination 6 Definitions
  7. 7. Employment contracts 7
  8. 8. • Written or implied contracts • Definition of expectations • Employer’s implied expectations 8 Employment contracts
  9. 9. Factors to take into account 9
  10. 10. • Matters relating to conduct • Matters relating to poor performance 10 Factors to take into account
  11. 11. Progressive discipline 11
  12. 12. • Definition • Promotes dialogue, establishes expectations and allows opportunities for improvement • Possible steps 12 Progressive discipline
  13. 13. Just cause 13
  14. 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. 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. 16. Contextual assessment • What are the surrounding circumstances? 16 Just cause 3 of 3
  17. 17. Notice of termination 17
  18. 18. • Working notice • Adequate notice • Reasonable notice 18 Notice of termination
  19. 19. How to reduce the legal uncertainty of a wrongful dismissal case 19
  20. 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. 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. 22. Damages 22
  23. 23. • Wrongful dismissal • Violation of the Human Rights Code • Punitive damages 23 Damages
  24. 24. No-brainers 24
  25. 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. 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. 27. Spotting a liar 27
  28. 28. • Speech patterns • Facial expressions • Posture • Dehydration • Nerves • Body language 28 Spotting a liar
  29. 29. Fraud 29
  30. 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. 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. 32. Receiving the complaint 32
  33. 33. • Types of complaint • Sources of complaint • Anonymous complaints • Key issues 33 Receiving the complaint
  34. 34. Investigations 34
  35. 35. • Definition • Why is it necessary • Duty to investigate • Objectives • Barriers • Privilege • Actions to support 35 Investigations 1 of 2
  36. 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. 37. Disciplinary interviews 37
  38. 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. 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. 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. 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. 42. Why do we need…disciplinary procedures 42
  43. 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. 44. Why do we need…grievance procedures 44
  45. 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. 46. Fundamentals around terminations 46
  47. 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. 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. 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. 50. Conclusion, summary and questions 50
  51. 51. Conclusion, summary and questions Conclusion Summary Videos Questions 51

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