Progressive Discipline: What Employers Need To Know

What is progressive discipline?

Progressive discipline is a structured process used by employers to correct workplace misconduct or performance issues. Rather than jumping straight to termination, the process involves a series of escalating steps designed to:

• Give the employee clear notice of the issue
• Offer a fair opportunity to improve
• Create a documented history of corrective actions

The main goal is to improve behaviour while ensuring consistency and legal compliance.

Common stages of progressive discipline include:

• Verbal Warning: A private conversation to address concerns and expectations
• Written Warning: A formal document outlining the issue, improvement timeline, and consequences
• Performance Improvement Plan (PIP): A structured roadmap for improvement with specific goals
• Final Written Warning: A clear message that further issues may lead to termination
• Suspension: A temporary removal from duties, often used for serious incidents
• Termination with Cause: The final step if previous measures have not succeeded

Employers should tailor these steps to the specific situation while ensuring fairness and clarity at every stage.

Why progressive discipline matters for employers

Using progressive discipline offers several benefits for employers:

• Fairness and Consistency: Promotes equal treatment and helps prevent claims of discrimination
• Legal Protection: Demonstrates that the employer acted reasonably before terminating an employee
• Improved Performance: Provides employees with a roadmap for success and behaviour correction
• Clear Documentation: Creates a written record in case of wrongful dismissal or human rights claims
• Stronger Workplace Culture: Encourages accountability and reinforces behavioural expectations

Employers who skip or mishandle these steps may face constructive dismissal claims, grievances, or reputational harm.

Legal standards for implementing progressive discipline

To effectively use progressive discipline, employers must start with clear workplace policies. These policies must be:

• Written and accessible to all employees (including in accessible formats for accommodation purposes)
• Reasonable and tied to business needs
• Reviewed regularly to reflect legal changes or evolving workplace norms
• Consistently enforced across all staff

Employers should ensure policies cover key issues such as:

• Workplace violence and harassment (as required by the Occupational Health and Safety Act)
• Attendance, performance, and misconduct standards
• Investigation and discipline procedures
• Consequences of non-compliance

All disciplinary actions should be based on evidence gathered through a fair and objective workplace investigation. This is especially important in cases involving harassment, discrimination, or misconduct.

When can you skip steps in progressive discipline?

Although progressive discipline is typically a step-by-step process, some situations may justify skipping steps. These include:

• Serious misconduct (e.g., theft, violence, fraud)
• Health and safety violations
• Repeated issues despite prior warnings
• Breach of confidentiality or trust

In such cases, employers may move directly to suspension or termination, but only after conducting a proper workplace investigation and consulting legal counsel.