Members can feel that they are being disciplined when their manager is giving them feedback about their work. How can I tell if it is normal performance management or discipline?
It can be difficult to distinguish between performance management and discipline.
Members may come to you when they feel their manager is unfairly criticizing them when in fact the employer may just be exercising their right to manage the work. Members may be defensive when this happens. Performance management can sound like discipline when members are stressed, are juggling home and work pressures or already feel judged by society for the way they look or talk. As Shop Stewards, you can be sensitive to this reaction as you explain to a member that the employer has considerable say about how successfully an employee fulfills their duties. Punctuality, attendance record, adherence to policies and interactions with co-workers and clients/customers can all come under review.
Employees have a responsibility to perform the duties of their position so as to meet the expectations of the employer. Ideally, there is an ongoing process of communication between management and employees that includes clarifying expectations, setting objectives, identifying goals, providing feedback, and reviewing results. But some workplaces aren't like this and corrections or criticisms can come out of the blue or feel unfair.
Remember, employers DO NOT have the right to discipline an employee without just cause or to discriminate at any time.
Employees DO have the right to know the reason for discipline and to have the opportunity to respond to allegations that may lead to discipline.
Sometimes, coaching a member to have a clarifying conversation with their supervisor will be the way to go.
This chart uses examples to highlight the main differences between performance management and discipline. If you are still unsure, talk to your Local Chief Steward or a member of your Executive.
|
Performance Management (usually cannot be grieved)* |
Possible Signs of Discipline (may be grieved) |
| Employer provides an employee with a work plan | Employer criticizes an employee for not meeting expectations of work plan and puts a note on their file |
| Employer has regular staff meetings or “bilateral” meeting | Employee is singled out in a staff meeting as not measuring up or meeting expectations. During a “bilateral”, employee is told they are not performing or there is an issue, or are accused of some wrong-doing that will be investigated |
| Employee is called into a meeting to discuss progress on a project or work in general | Employee is called into a meeting to discuss “an issue”. The employee has the right to union representation if the issue could lead to discipline |
| Performance appraisal meeting | Employee is informed there will be a meeting to discuss performance and they have the right to union representation |
| Updating job description with explanation | Removing or changing duties without explanation, or following an issue of under-performing |
| Recommending training or professional development | Not approving training following an incident or rescinding approval after the training has been approved |
| Approaching employee at work and spontaneously wanting a meeting to discuss a work-related issue | Approaching employee at work and spontaneously wanting a meeting to discuss a work-related issue when employee suspects they may be in trouble. The employee should ask if this may be disciplinary if not informed of the right to union representation |
| Not approving leave as it falls during a time of mandatory training | Rescinding previously approved leave due to operational requirements with no further explanation, following a performance incident or issue |
| Employer gives an employee a “Letter of Expectation” to clearly lay out what is expected | Employer gives employee a verbal warning, reprimand. Written reprimand, suspension or letter terminating their employment are clearly disciplinary. |
*Remember, just because something cannot be grieved, it doesn't mean the employee or the Shop Steward can't do anything. For example, if a member receives a Letter of Expectation that they don't like, a Steward can review the contents with the member and coach them to prepare for a meeting with the employer to seek more appropriate wording.