Employee termination and attendance management
In our first Compliance in Practice webinar, Managing Terminations and Attendance Issues with Confidence, Solutions Expert Sean Morrison and Senior HR Professional Kim Morris shared practical strategies for employee termination and absenteeism. This session covered common questions, helped manage noncompliance risks, and guided HR professionals with planning, documenting, and communicating during the termination process.
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Expert Q&A: Termination and absenteeism
Employee termination
Sean: How can employers tell whether a termination is without notice or with notice?
Kim: Termination without notice occurs when an employee’s conduct is so serious that continued employment is impossible, and no notice pay or pay in lieu of notice is owed. This requires serious, wilful misconduct and strong documentation. Termination with notice, which is more common, happens for business or performance reasons and requires notice pay as per employment standards, plus potentially additional compensation under common law.
Sean: What proof is needed for a termination without notice?
Kim: Employers need clear documentation, such as signed policies, performance records, and written warnings, as well as evidence of wilful misconduct or repeated issues. A fair investigation demonstrating that termination was the only reasonable outcome is crucial.
Sean: What should employers do if they believe there is cause but lack proper documentation?
Kim: Pause the termination process, review records, and run a fair investigation. If evidence is insufficient, consider progressive discipline or a termination with notice to reduce wrongful dismissal risks.
Sean: What are the differences between employment standards and common law in termination?
Kim: Employment standards dictate minimum notice or pay in lieu of notice, benefits, and sometimes statutory severance. Common law, based on court decisions, can require additional notice above the minimums if there isn’t a valid employment contract limiting liability.
Sean: What red flags indicate employers should seek external advice before terminating?
Kim: Protected leaves (medical, parental, family responsibility), recent complaints (harassment, safety, wages), thin documentation, senior or long-serving employees, unionized roles, and serious allegations require extra caution and potentially external advice before considering any terminations.
Sean: How do proper policies and contracts protect businesses from wrongful dismissal claims?
Kim: Strong employment contracts with up-to-date termination clauses and clear policies set expectations and define consequences. Consistent enforcement and documentation provide the proof needed to defend decisions.
Sean: What are the obligations during a probationary period?
Kim: Probation isn’t defined by legislation but is part of contract law. Employers must still follow minimum notice requirements and respect human rights from day one. Proper termination clauses and adherence to contractual terms are key.
Employee absenteeism
Sean: What systems and processes should businesses have to manage attendance?
Kim: Start with a clear attendance policy, formal tracking system, and consistent documentation. Log every absence with reasons and dates, establish expectations, and follow a structured process for addressing issues.
Sean: What’s the difference between non-culpable and culpable absences?
Kim: Non-culpable absences refer to reasons outside an employee’s control, like health or family responsibilities, requiring pauses and accommodation. Culpable absences refer to absences within an employee’s control and are addressed as a performance issue through coaching, warnings and discipline if necessary.
Sean: What questions can employers ask about absences?
Kim: Keep questions neutral and related to scheduling needs. Avoid asking for diagnosis details, focussing instead on prognosis (for example, what they can or cannot do and for how long). Follow legislation on when proof can be requested.
Sean: When can employers ask for proof relating to an absence?
Kim: Proof can be requested when reasonable under legislation and policy. For short absences, an employee’s statement may suffice. For longer or repeated absences, a brief medical note or simple documentation (for example, jury summons) may be required. Ensure requests are consistent and proportionate.
Sean: How does absenteeism affect the bottom line?
Kim: Absenteeism leads to costs like overtime, temp hires, scheduling inefficiencies, safety risks, customer dissatisfaction, and lower morale. Replacing employees can cost 100 to 150 percent of their salary.
Sean: When does absenteeism become a termination issue?
Kim: Only after consistent management, including clear expectations, tracking, coaching, and attendance plans. Terminations is the last resort after progressive discipline, and it ensures no protected leave or human rights issues are involved.
Insights from our HR experts
Managing employees effectively requires clear communication and consistent action. Whether it’s providing regular feedback or addressing concerns promptly, maintaining open communication and reinforcing consistency are key to fostering a productive and motivated team.
For employee terminations, always:
- Document expectations and performance issues thoroughly.
- Apply progressive discipline and follow employment standards and common law.
- Seek professional advice for complex cases, such as those involving protected leaves or serious allegations.
Regarding absenteeism, establish:
- Clear attendance policies and track absences consistently.
- Appropriate processes for handling culpable and non-culpable situations.
- Protect employee privacy and ensure compliance with relevant legislation.
Looking to start improving your attendance management strategy today?
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Need advice before terminating an employee or addressing absenteeism?
Managing terminations and employee attendance are high-stakes responsibilities. One misstep can have significant consequences for your business. But with the right policies, documentation, and processes, you can navigate these challenges with confidence. If your organization needs help streamlining terminations or strengthening its absenteeism strategy, Citation Canada’s experts are here to help. We offer:
- Canadian-made content for every jurisdiction: Our packages include a library with hundreds of pre-made HR documents, including termination letter templates, attendance policies, and more.
- Online training for employees and leadership: Assign and manage hundreds of immersive training courses like Managing Attendance and Absenteeism Training for Leaders with our user-friendly learning management software (LMS).
- Live HR advice and consulting from experienced professionals: Our experts provide tailored guidance whenever you need it, backed by decades of experience.
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