Progressive Discipline Policy
PURPOSE
Kotn is committed to ensuring that the issuance of informal and formal discipline for employees is facilitated in a respectful manner and via an established process. This progressive discipline policy is designed to alert employees to conduct or behaviours that have been deemed unacceptable. The policy outlines the steps that are to be taken in the event that a team member’s conduct or behaviour requires correction. It is the goal of Kotn that those responsible to facilitate the steps outlined in this policy do so with the aim of encouraging team members to conduct themselves appropriately and satisfactorily.
This Progressive Discipline Policy outlines the framework for addressing inappropriate behaviours within the workplace and ensuring a fair and consistent approach is in place to address situations quickly.
SCOPE
The terms of this policy apply to all employees of Kotn Inc. Those employees who are both subject to the terms of the policy as well as responsible for administering and facilitating the policy are expected to adhere to this policy’s application as outlined, i.e. Directors, Managers, and People Operations.
POLICY ELEMENTS
This policy outlines a fair and consistent approach to discipline within Kotn, in the event that behaviours conflicting with Kotn’s values are observed in the workplace atmosphere. Kotn is committed to addressing these situations promptly and appropriately following these guidelines. All team members should be made aware of this policy at the time of hire.
Progressive Discipline Process
This process was designed to provide a step-by-step guideline to attempt to correct the conduct and behaviours of team members who do the following, but not limited to:
● Violate company policy;
● Act in manner that is not acceptable or ought to have reasonably been known to be unacceptable;
● Violate health and safety rules and procedures, including workplace violence or harassment;
● Serious performance concerns; or
● Serious infractions that may result in the employee receiving more severe discipline or be terminated with cause.
Progressive Discipline Steps
A team member who is unable to meet our standards of performance will be counseled, trained, and allowed to improve whenever possible. We maintain a progressive guidance procedure to ensure a fair method to address concerns with your conduct or performance. Together with our Performance Management Process, this system gives team members advance notice, whenever possible, of any concerns and provides you with an opportunity to resolve any problems that may arise.
The steps of progressive guidance are outlined below. Steps may be skipped, repeated, or used in any order at the sole discretion of the Director of People Operations:
Verbal Warning / Counselling (Non-punitive*)
First Written Warning
Final Written Warning and Possible Suspension without Pay
Termination
*Note: For Step 1 of this process, ‘Verbal Warning / Counselling’, the progressive discipline issued to the team member is non-punitive. This stage is the first opportunity for Kotn to make the team member aware of a concern, outline suggested remedies and encourage the employee to succeed. This stage should not be addressed as formal discipline. However, it should be made clear in the communication to the team member that formal discipline will follow if they do not improve, e.g., with the use of a First Written Warning.
Severity of Act and Corresponding Discipline
Not all improper conduct and behaviour is of the same severity. The discipline must suit the circumstance. Certain actions, in isolation, will not warrant formal discipline. However, the culmination of similar actions may, at the discretion of Kotn Executive Management, in fact result in immediate termination of employment, without regard to following the specific progressive discipline guidance in this Policy.
Managers and Leaders should consult with The Director, People Operations before determining and issuing discipline to ensure the discipline provided suits the circumstances. Moreover, it is important to ensure consistency and equity in the issuance of discipline from one team member to another.
Documentation
In all 4 steps of the progressive discipline process, a letter will be drafted by the People Operations team, outlining the action that was the cause for the discipline, the disciplinary step taken, expectations the team member must meet to improve and the next step in the discipline process should further discipline be required. In stage 1, the letter should clearly indicate the disciplinary measure is non-punitive.
This letter will be dated and signed by the Director, People Operations. A copy will be provided to the team member receiving the discipline and a copy will be placed in the team member’s People records. The letter may be removed from the team member’s file 18 months after the date of issuance, provided the team member is free from further discipline in those 18 months. Upon each discipline, the 18-month time period begins anew for existing, active discipline on file.
Investigations
Wherever it deemed necessary, the employer will investigate incidents of misconduct or improper behaviour which may result in discipline. During the investigation Kotn will make the choice to either keep the team member under investigation, as well as any other team members that may be victim to or associated with the incident. Kotn reserves the right to temporarily move, transfer, or modify the workplace and/or duties of the team member under investigation, if said modifications are required for health and safety reasons, the safety of themselves or others, or to ensure fairness in the investigation. In a case where the team member must be removed entirely from the office environment, Kotn may suspend the employee with pay pending the outcome of the investigation. A suspension with pay and/or a modification to the team member’s workplace or duties are non-punitive actions and in no way imply guilt.
Suspension Without Pay
In the case of a serious offence or when a team member reaches stage 3 in this process, ‘Final Written Warning,’ Kotn reserves the right to suspend the employee without pay. All suspensions will be provided to the team member in writing, inclusive in the final written warning. Suspensions will last a duration of one (1) business day but no longer than (5) days. Upon return to work from suspension, the team member will meet with the Director, People Operations to outline the required steps to improve and again be made aware of the consequences if further discipline is required. Kotn reserves the right to repeat this stage if it is determined that moving to the next step, termination with cause, is not warranted.
Termination with Cause*
In the case of a team member who has progressed through all the steps as outlined in this policy, Kotn may terminate the team member with cause. The reasons for the termination, a summary of dates and prior disciplines which culminated into a termination must also be provided in writing to the team member. Kotn also reserves the right to terminate without cause.
Auto Termination
At any point in the employment relationship, if a team member commits a serious act or violation, Kotn may immediately proceed to termination with cause. The steps of this progressive process may not need to be followed. Kotn also reserves the right to terminate without cause. Examples of when immediate termination with cause may be just are as follows, but not limited to:
● Gross misconduct or insubordination;
● Sexual harassment;
● Discrimination, workplace violence or harassment;
● Theft;
● Misappropriation of funds;
● Falsification of records;
● Illegal, violent, or unsafe actions;
● Purposely slander, libel, or defame the organization, including by using social media.
Responsibilities
Team Members:
Team members must:
● Ensure they understand and fulfill work expectations;
● Ask Senior Management for help in the event they do not understand what is expected of their performance in the workplace;
● Consistently act in a respectful manner towards colleagues, superiors, and clients;
● Adhere to Kotn’s policies and procedures; and
● Follow all health and safety measures put in place within the workplace.
Managers
Managers must:
● Ensure team members are aware of all expectations for job conduct and performance;
● Manage team members effectively, providing ongoing and constructive feedback on work performance and workplace conduct;
● Ensure team members are aware of and then consistently enforce Kotn policies and procedures;
● Follow and enforce the Progressive Discipline Policy with respect to team members’ performance and workplace concerns; and
● Maintain appropriate documentation for disciplinary actions.
Appeals
Where a team member feels they have been unfairly disciplined under the progressive discipline framework, they may appeal the decision within 30 days of the disciplinary meeting. Team members must provide solid evidence of the unfair disciplinary measures enacted or provide proof that the concern being disciplined for did not occur as described. The Director, People Operations (& any other Executive Management team member) will review all appeals within a timely manner and provide the team member with a written response to the appeal, including the outcome of the appeal.
*Certain egregious employee behaviours or actions have traditionally provided just cause for immediate termination. However, it must be noted that a termination with cause is subject to scrutiny and/or review by third parties (i.e., the Ministry of Labour, Arbitrator, Court, etc.) and adhering to this policy does not guarantee that said third party will stipulate termination with cause was proper or merited.
