Each month, our Advocacy Committee answers your questions about the AD 10 polices (aka, your terms and conditions of employment.)
Here is Advocacy Committee Chair, Wanda Dekleva, to answer some of your questions about discipline and termination of employment.
I’ve heard that APSA members can be fired for any reason, is this true?
Not at all! APSA members may only be disciplined for just cause.
Except for instances of gross misconduct, discipline will be progressive with the goal of correcting the performance or conduct.
What is just cause?
Just cause means there has to be a good reason for the discipline, such as being chronically late for work, or inappropriate behaviour. It means that you can’t be disciplined for frivolous reasons.
You also cannot be disciplined for characteristics protected by the BC Human Rights Code.
What counts as gross misconduct?
Gross misconduct includes behaviour like theft, assault, and not showing up to work without authorization from your supervisor.
What does progressive discipline mean?
Progressive discipline means that instead of just terminating an employee due to unsatisfactory performance or unacceptable conduct, the employer will instead use reasonable and progressive steps to correct the employee before terminating employment. This is also sometimes referred to as performance management.
The steps of progressive discipline may include some or all of the following:
- Verbal warnings
- Written warnings
- Informal or formal trial periods
- Suspension
- Demotion
- Termination of employment
For instances of unsatisfactory performance, the supervisor and the employee should also review the employee’s job description to ensure that both parties completely understand the requirements and expectations of the position.
The degrees of discipline should be proportional to the seriousness of the problem, and should also consider the employee’s previous work record and length of service.
My supervisor has started disciplining me for reasons which I don’t believe fall under just cause. The discipline feels inappropriate.
You can always contact APSA to discuss your situation in complete confidence. Employees have the right to appeal disciplinary measure via the grievance process.