Janet Shey currently works as a dietary aide in a large assisted living seniors complex. Prior to a restructuring and the appointment of new management two years ago, Ms Shey had assumed casual supervisory responsibilities from time to time. She had completed her supervisory certificate with the expectation that she would move into the manager's position when he retired. Ms. Shey has been with the company for 5 years, currently reporting to the Chief Dietician, Neil McMunn. She is also a union steward, in her first year of responsibilities.

Sally Munk, Nursing Manager, reported to Mr. McMunn that she witnessed Ms. Shey telling a coworker, Pam Stone, to leave her duties, as Ms. Shey had determined there was no time for her to finish. Ms. Stone told Ms. Shey she would finish stocking the dishes and cutlery before taking her coffee break. She estimated she had less than 10 minutes of work left. Ms. Shey responded she would not have sufficient time and that the stocking would have to wait. Given the time frame, they needed to finish the coffee service to the residents, and the dishes would have to be left. They were due for break, and then there would be a shift change. Ms. Stone was entitled to a paid rest period, and it was scheduled for 2:45 p.m., which was in 2 minutes. Shift change occurred at 3 p.m. Accordingly, she would not have time to take her whole break, because the work would be cutting into her break time and the employee needed to go for her break. The witness observed Ms. Shey becoming very animated, as they were discussing what Ms. Stone should be doing. Ms. Shey was throwing her hands in the air, her voice was becoming more elevated, and she was leaning in. Ms. Stone, began apologizing and assured Ms. Shey she would take her break right away. Ms. Stone stepped around Ms. Shey and left the work area.

Mr. McMunn initiated an investigation. He arranged to meet with Ms. Stone, her union representative, and the Labour Relations Officer.

Ms. Stone shared with Mr. NcMunn that she had intended completing the final duties of her shift, until Ms. Shey became upset. Ms. Stone shared people were looking, and Ms. Shey doesn't like when you don't agree with her. It was easier to leave it than face the repercussions when working with Ms. Shey in the future. If you did not agree with her or go along, Ms. Shey could become very cool and stop talking. Ms. Stone was fine with everything she said. Ms. Shey had stopped her in the parking lot at shift end and apologized if Ms. Stone had been uncomfortable with their discussion.

Ms. Shey was asked to comment on the incident. She denies throwing her hands in the air. She was asked where her hands were and if they were above her waist. She responded yes, though she couldn't describe where they were. Ms. Shey shared that Mr. McMunn had told staff they should be taking their breaks and that she was reminding Ms. Stone. It was done with a professional courtesy, and she was not interfering with the direction of Mr. McMunn. If there had been time, Ms. Stone could have finished the stocking after her break. Ms. Shey commented, "At times there is give and take, but we give more that we take." If we fall behind, sometimes we can push back the break, but the last break is at 2:45, and we can't push it back, because then it would result in overtime staying after 3 p.m. Ms. Shey commented she didn't think anything she had said would be intimidating or insubordinate. She had a conversation with Ms. Stone and then walked away from her; Ms. Stone was not cornered. She was trying to impress the importance to take time for breaks and did not feel she was disrespectful to Ms. Stone. Ms. Shey shared she is more experienced than Ms. Stone and if Ms. Stone is intimidated, it is more than likely because of her experience.

Ms. Shey's employment record:

Her performance appraisal shares unsatisfactory assessments in the categories of: Teamwork, Planning/Organizing, Quality of Work, Leadership, Problem Solving/Decision Making and Flexibility.

The descriptors include:

Is uncooperative/argumentative;

displays negative body language;

avoids eye contact;

is not communicative and often omits critical information;

does not share relevant information with management;

does not participate in problem solving (walks away and avoids discussion);

gets secretive/evasive and confrontational when things don't go her way;

is not accepting of departmental goals if different from her own;

does not collaborate or ask management for assistance when there is a problem;

picks on work of other workers;

is capable of high volume of work and expects similar output from coworkers, setting a demanding pace not everyone can follow;

is quick to correct coworkers;

needs to display more respect and tolerance for coworkers and to accept the strengths and weaknesses each one brings;

Leadership:

• does not have positive working relationships with coworkers/management;

Problem solving/decision making:

is capable of problem solving when problem follows a step by step process, but needs to improve on problems that require more complex judgment;

fails to recognize when problems should be forwarded to management;

is interested in making her own decisions quickly and gets frustrated when her solutions are reviewed/corrected/changed;

often ignores simple operational problems, as she gets caught up in proving a point about other coworkers, which prevents her from looking out for overall operational needs;

Flexibility:

works well with some staff and not with others;

displays negative behavior (lack of eye contact, decisions not to communicate or share information, walking away and making it difficult to approach her for any information, assistance or input);

has difficulties dealing with changing routines/plans;

Communication:

does not participate in operational discussions, exchange ideas or brainstorm;

does not share relevant info to ensure tasks run smoothly;

often walks away, choosing not to participate in problem solving; and

lacks communication skills, which has affected her success in all areas of her work.

With respect to discipline, Ms. Shey received a verbal warning following an incident of insubordination towards her supervisor on February 20, 2019.

In addition, a respectful workplace investigation dated September 20, 2020 concluded that Ms. Shey breached the Respectful Workplace Policy. She received a written warning for her behavior, which was found to be demeaning and offensive, creating an intimidating work environment where co-workers were fearful of making errors or departing from Ms. Shey's perception of how things should be done.

Discipline and Dismissal of Staff Policy and Procedure Table of Contents Reason for Policy ........................................................................................... 1 Policy Statement ........................................................................................... 1 Procedures .................................................................................................. 2 Reason for Procedures .................................................................................. 2 Procedures ................................................................................................ 2 Option 1: Progressive Discipline ..................................................................... 2 Step One - Oral Discussion Summarized in Writing ............................................. 2 Step Two - Letter of Warning ..................................................................... 3 Step Three - Suspension Without Pay ............................................................ 3 Step Four - Dismissal ............................................................................... 4 Option 2: Suspension or Dismissal Without Prior Warning ....................................... 4 Option 3: Termination of Employment with Notice .............................................. 4 Reason for Policy To define appropriate ways of communicating and dealing with serious gaps between expected and actual job performance. Policy Statement Supervisory and managerial staff have a responsibility to communicate the assessment of job performance, both positive and negative to staff. The Company recognizes that it may be necessary to discipline and/or dismiss an employee in a term or contingent appointment for: a) failure to perform his/her duties and responsibilities satisfactorily or neglect of duty b) failure to conduct himself/herself in accordance with the policies, procedures, and regulations of the Company c) inappropriate behaviour such, as but not limited to, disobedience or insubordination, harassment, theft, dishonesty, violence; or d) other severe problems resulting in just cause. Discipline or dismissal may take any one of three (3) options: a) progressive discipline which may lead to termination of employment b) termination of employment for just cause (no notice required) c) termination of employment (with notice)DISCIPLINE AND DISMISSAL OF STAFF Policy and Procedure Page 2 of 4 The Company encourages and supports the use of progressive discipline, wherever possible and practical. Discipline or dismissal should be decisions made in consultation with a representative of the Staff Relations unit of Human Resources. Procedures Reason for Procedures To set out Procedures secondary to Policy: Discipline and Dismissal of Staff, in conjunction with: a. the concept of progressive discipline b. the need to suspend or dismiss without prior warning, and c. the process for a separation of employment with notice Procedures The Discipline and Dismissal Policy provides three options for action. A representative of the Staff Relations unit of Human Resources must be consulted to determine the appropriate option. A copy of all disciplinary letters given to the employee shall be sent to Human Resource Services and be placed in the employee's employment file. The procedures for each option are as follows: Option 1: Progressive Discipline Where job expectations have been communicated and problems with job performance occur, the supervisor should consult with Staff Relations to determine the course of action. Normally the disciplinary process should begin with an investigation of the circumstances, which may include discussions with the employee and/or other staff. The objective of the investigation is to determine the facts and to determine any factors contributing to the poor performance, including the possibility of factors that may be outside the employee's control. After investigation, circumstances such as previous disciplinary action, the nature of the performance problem, the impact of the employee's actions on the safety of other employees, or the potential for damage or loss of Company resources may mean that one or more steps in the progressive discipline process are bypassed. Step One - Oral Discussion Summarized in Writing The supervisor should discuss the results of his/her investigation with the employee, with a view to resolving the problem(s). The supervisor should review the incidents that led to the discipline, the specific actions required of the employee and how these actions relate to the employee's job responsibilities. The discussion should include the fact that it is a formal disciplinary action under this Procedure, who the employee will contact if they have questions, a time frame forDISCIPLINE AND DISMISSAL OF STAFF Policy and Procedure Page 3 of 4 review of the employee's performance or completion of tasks, and a date when the disciplinary action will be reviewed. The employee may request the attendance of a representative from Human Resource Services attend the meeting with the employee. The supervisor may decide to draft a letter before the meeting to ensure that all issues are covered and use the draft to discuss issues with the employee. The employee will be given a summary of the discussion after the meeting. This letter should also advise that further disciplinary action may be taken if there is no progress on performance issues. Normally the disciplinary action should be reviewed at three-month intervals or sooner as required. Review meetings should also be summarized in writing to the employee and the summary should be placed in the employee's employment file. Step Two - Letter of Warning If there is no progress in reaching the supervisor's expectations, if other job performance issues arise, or if it is determined that circumstances require discipline to begin at this stage, the supervisor will meet with the employee and give him/her a Letter of Warning. The employee may request the attendance of a representative from Human Resource Services attend the meeting with the employee. The information and discussions with the employee should be similar to that described under Step One The disciplinary action should be reviewed at three-month intervals or sooner if required. Review meetings should also be summarized in writing to the employee and the summary should be placed in the employee's employment file. Step Three - Suspension Without Pay If there is no progress in reaching the supervisor's expectations, if other job performance issues arise, or if it is determined that circumstances require discipline to move to or begin at this stage, the supervisor will meet with the employee and review the job performance issues. Prior to the meeting the supervisor will consult with Staff Relations to determine the appropriate length of the Suspension Without Pay, normally between one and three days. In the meeting the employee will be informed that they are to serve a Suspension Without Pay and the length and dates of the suspension. The meeting will be summarized in writing to the employee, with a copy to Human Resource Services for the employment file. In addition, it should be made clear to the employee that their further employment with the Company is in jeopardy unless their job performance improves to an acceptable level. At this step in the disciplinary process job performance should be reviewed with the employee as often as possible. The decision to move to dismissal should be seen as a last resort, requiring that the supervisor show that all efforts have been made to try and improve performance. Because of the serious nature of this step, written material will not be removed from the employee's employment file.DISCIPLINE AND DISMISSAL OF STAFF Policy and Procedure Page 4 of 4 Step Four - Dismissal If there is no progress in reaching the supervisor's expectations or if other job performance issues arise, the employee may be dismissed. Dismissal shall be confirmed in writing to the employee, with a copy to Human Resource Services for the employment file. Employees who are dismissed in accordance with this progressive discipline process shall not require notice of the dismissal by the Company. Option 2: Suspension or Dismissal Without Prior Warning Where serious breaches of Company Policy or other unacceptable behaviour such as theft, insubordination, or violent behaviour occur, the supervisor should consult with Staff Relations to determine the course of action. Normally the process should include an investigation of the circumstances, which may include discussions with the employee and/or other staff. The objective of the investigation is to determine the facts and to review any factors relevant to deciding on the appropriate option and level of discipline. Investigation may also occur as a result of the filing of a formal complaint under Policy: Respectful Work and Learning Environment Policy, in which case the course of the investigation will be according to policy. Suspension or dismissal under this disciplinary option shall not require notice of the suspension or dismissal by the Company. Option 3: Termination of Employment with Notice This option is reserved for circumstances where progressive discipline or immediate termination for just cause do not apply or are not considered appropriate to the type of problem. A representative of the Staff Relations unit of Human Resources must be consulted in all cases before this option is applied. This option must be applied in a respectful manner that preserves the employee's dignity. Staff Relations will work with the supervisor to determine the appropriate plan of action including the parameters of any notice offered.

question:

Explain your rationale for determining the level of discipline.