Publications and Conferences

Progressive discipline is undoubtedly one of the best-known principles governing disciplinary action in employment law. It rests, in part, on the premise that employees should generally have an opportunity to recognize their misconduct and correct their behaviour before an employer resorts to the ultimate sanction of dismissal. The exception, of course, is serious misconduct that immediately destroys the trust necessary to maintain the employment relationship.

But can the nature of an employer’s operations affect the extent of progressive discipline required before an employee may be dismissed? This is one of the questions recently considered by the Administrative Labour Tribunal.