Terminating an Employee - Information for Deans & Managers

Disciplining an employee can be a difficult part of supervision. When it becomes apparent termination may be forthcoming, the following should be considered before taking any action

Employee Discipline

Supervisors are encouraged to take a progressive approach to discipline prior to considering the termination of an employee.  Exceptions to taking such an approach may be appropriate where an employee’s conduct warrants immediate termination (e.g., serious misconduct such as theft or physical violence).

It is important to conduct an investigation prior to deciding whether or not to terminate.  This includes giving the employee an opportunity to respond to the facts which cause you to believe that discipline is warranted.  If the employee is covered by a collective negotiations agreement, the employee may request that a steward be present if the employee is being questioned about work performance or conduct and the employee has a reasonable belief that the answer to such questions will result in discipline.If you are considering termination of a staff employee covered by a collective negotiations agreement, you should refer to the applicable collective negotiations agreement to ensure that the proposed termination is consistent with the terms of the applicable agreement.

Pre-Termination

If you are considering termination of a staff employee, then follow the pre-termination notification process.  Give the employee a letter that notifies the employee that you are considering terminating his or her employment and are scheduling a pre-termination conference for the purpose of permitting the employee an opportunity to respond to the reasons for possible termination.  You must attach a draft copy of a termination letter to the notification letter.  If the employee is represented by a union, notify the union and provide a copy of the letters to the union.  An employee who is represented by a union may bring a union representative to the conference; however, the union representative may not act as an advocate or interfere with the process in any way.  After the conference, you should make a decision in a timely manner whether or not to terminate the individual’s employment.

Termination

Upon making a decision to terminate employment following the pre-termination conference, you must advise the employee of your decision in writing, with a copy to University Human Resources and the Office of Labor Relations. If the employee is represented by a union, refer to the applicable collective negotiations agreement to ascertain the particular requirements for notification of the union as well.

The termination letter should refer the employee to the University Human Resources’ website for information concerning the status of the employee’s benefits upon termination of employment.

Employee Grievance

A staff employee who has been terminated may have recourse to a grievance procedure. 

• The grievance procedures for aligned staff are set out in the respective agreements.
• The grievance procedure for Administrative, Professional or Supervisory staff is set out in the Problem Solving Procedure.
• The grievance procedure for all other specified staff employees is set out in the Special Grievance Procedure for Specific University Staff Employees.

 

 

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Last Updated: 07/03/2007