Contents
Introduction
- Employee performance and behaviour is expected to contribute toward the achievement of the organization's goals and objectives. When an employee's performance or behaviour is unsatisfactory, corrective action must be taken. Corrective action will follow the process of progressive discipline when the situation is a result of inappropriate behaviour or unsatisfactory performance where the employee has the ability to perform at an acceptable level but chooses not to do so.
- The Minister responsible for the Public Service Act has the right and authority to manage and direct the public service, and the exclusive right and authority to appoint persons to positions within the public service.
Application
- These guidelines and procedures apply to all employees of the Government of the Northwest Territories’ Departments and Agencies, except the Northwest Territories Power Corporation.
Definitions
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The Minister is the member of the Executive Council appointed as a Minister under the Legislative Assembly and Executive Council Act who is responsible for the Public Service Act.
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“Deputy head” means,
1. In relation to a department, the Deputy Minister of that department, and
2. In relation to any other portion of the public service, the chief executive officer of that portion or, if there is no chief executive officer, such person as the Minister may designate as deputy head for the purposes of the Public Service Act. -
Culpable Misconduct is improper or unprofessional conduct where the employee has control of the behaviour.
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Disciplinary Suspension is the temporary removal without pay of an employee from the place of duty to stress upon the employee the seriousness of the misconduct.
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Dismissal means either a rejection on probation pursuant to Section 21 of the Public Service Act or a dismissal pursuant to Section 33 of the Act.
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Labour Relations (LR) is a division within the Office of the Deputy Secretary of Human Resources in the Department of Finance.
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Management and Recruitment Services (MRS) is a division within the Office of the Deputy Secretary of Human Resources in the Department of Finance.
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Standards of General Conduct are accepted forms of performance, activity and behaviour that generally require no set rules to ensure compliance that an individual ought reasonably to have known (e.g., dressing appropriately, treating co-workers and clients with respect).
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Standards of Particular Conduct are established work rules or orders set out by the Employer (e.g., taking coffee breaks according to a rotational schedule, seeking advance approval for all absences).
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Suspension Pending Investigation is the temporary removal with pay of an employee from the place of duty to facilitate an investigation into allegations of misconduct or incompetence.
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Written Reprimand is a written warning that performance or conduct is unsatisfactory and must be corrected. A copy of the written reprimand is placed on the employee's personnel file, becoming part of the employee's record.
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Verbal Reprimand is a verbal warning that performance or conduct is unsatisfactory and must be corrected.
Guidelines
- Discipline should not be viewed as punishment, but as a method of correcting a problem.
- The supervisor must inform an employee of the standards of particular conduct that apply in the workplace.
- An employee may be disciplined for breaching standards of general conduct or standards of particular conduct.
- Disciplinary action should only be taken after an employee has an opportunity to provide an explanation of his/her behaviour. A meeting should be held with the employee for this purpose.
- The progression of disciplinary measures for the Government of the Northwest Territories (GNWT) is as follows:
- Verbal warning;
- Written reprimand;
- One day suspension;
- Five day suspension;
- Ten day suspension; and
- Dismissal.
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Incidents of serious misconduct (such as assault, theft or serious insubordination) may warrant serious disciplinary measures, and steps of the progressive discipline process may be by-passed on the advice of LR and/or M RS. Misconduct that occurs early in the employment, and/or occurs in a short period of employment is viewed as serious misconduct.
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Employees terminated from the Public Service for misconduct may be ineligible for re-employment within the Public Service for a period of three years. In addition, the individual must demonstrate a positive work history to be eligible for re-employment within the Public Service. However, not all terminations will result in a three year ineligibility period for re-employment, such as:
a. Rejection of Probation for Unsuitability and/or Incompetence,
b. Medical Termination,
c. Termination Under Article A1.11(a) Collective Agreement with the UNW,
d. Termination Under Article A8 (1)(g) Collective Agreement with the UNW, and
e. Termination for Incompetence. -
Employees may also be ineligible for re-employment within the Public Service for a period of three years if they resign from their position on the heels of discipline and with prejudice.
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The Minister responsible for the Public Service delegates the ability to restrict employees who were terminated from the Public Service and the right to enact the three-year ineligibility period to Deputy Heads.
Procedures
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The supervisor informs employees of the standards of particular conduct which apply to the workplace.
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When standards of conduct are not met, the supervisor initiates disciplinary action.
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To determine the appropriate course of action, the supervisor may contact Management and Recruitment Services.
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The supervisor holds a private interview with the employee before disciplinary action is taken (if the employee is a member of the UNW, the supervisor provides the employee with 24 hours advance notice of the meeting and the right to Union representation if suspension or dismissal may occur) to do the following:
a. ensure the employee is aware of the problem;
b. give the employee an opportunity to explain the circumstances surrounding the unsatisfactory performance or the breach of conduct;
c. determine if the employee's actions were merely a result of misunderstanding directions, or if the employee willfully broke rules of conduct; and
d. explain to the employee how management is considering dealing with the misconduct. -
The employee is encouraged to use the Employee and Family Assistance Program (EFAP); particularly if poor work performance is due to a private or work issue. An employee is not required to reveal the nature of personal issues to the supervisor.
Authorities and References
Public Service Act
Section 21 Rejection
Section 29 Suspension and Demotion
Section 33 Dismissals
Collective Agreement with the UNW
Article 24.09 – Performance Increments
Article 37, Adjustment of Disputes
Collective Agreement with the NWTTA
Article 18.07 – 18.09, Dismissal
Human Resource Manual
Section 104, Screening Applications
Section 110, Probation
Section 119, Casual Recruiting
Section 703, Suspension Pending Investigation
