2.1.16 Addressing Conduct and Performance Issues

Formerly Known As Policy Number: 22.15

This Guide Memo provides guidance on when and how to use corrective action (including termination of employment) to deal with unsatisfactory performance, unsatisfactory conduct, or a combination of both.

Applicability:

Applies to all academic staff and regular employees (who have successfully completed the Trial Period) as defined in Guide Memo 2.2.1: Definitions, except Senior Staff. For employees covered by collective bargaining agreements, refer to the applicable agreements, which can be found at Labor Relations & Collective Bargaining.  

1. Policy Statement

It is the policy of the University that employees are expected to carry out their assigned tasks and responsibilities as instructed and to conduct themselves in accordance with reasonable rules and expectations for the workplace.

Corrective action is taken when an employee has not conformed to performance or conduct expectations. It can be categorized into two main types: informal non-disciplinary corrective action and formal disciplinary corrective action. Examples of informal non-disciplinary corrective action include verbal and written coaching/counseling and performance improvement plans (PIPs). Examples of formal disciplinary corrective action include written warnings (which are placed in an employee’s personnel file) and involuntary terminations.

University policy does not require that corrective action be taken in any formal steps or order, and recognizes that the determination of appropriate corrective action will depend on the facts and circumstances of the particular situation. Moreover, some forms of conduct may warrant immediate termination.

University policy is that employees cannot be terminated without some form of cause. "Cause" is defined broadly as any legitimate business reason, including but not limited to:

• Failure to satisfactorily perform job duties or meet job requirements
• Unavailability for work
• Excessive absences or tardiness
• Disclosure or misuse of confidential information
• Damage or misuse of University property
• Insubordination
• Failure to follow University policies and procedures
• Failure to return from an approved leave
• Failure or refusal to fully cooperate with a university investigation and/or request for information
• Unsatisfactory conduct or
• Any other conduct or acts detrimental to or that disrupt the reputation or operations of the University

Refer to Guide Memo 2.1.11: Staff Grievance Policy for information regarding formal disciplinary corrective actions that can be grieved.

2. Guide to Supervisors

a. Overview

It is the responsibility of the supervisor to provide direct and constructive performance feedback to employees they manage.

b. Notice

Supervisors are normally required to communicate to an employee that performance or behavior is unsatisfactory and improvement is needed. However, prior notice is not necessary in cases where immediate termination is appropriate. Supervisors should consult with their local Human Resources office.

c. Termination

A supervisor must consult with the applicable manager(s) within their school/unit and their local Human Resources office regarding any request for a possible termination. Termination must be reviewed and approved in advance by University Human Resources-Employee & Labor Relations.