Summary

Janet Shey, a dietary aide at a senior's complex, has been involved in a workplace incident where she was seen instructing her co-worker, Pam Stone, to leave her duties unfinished to take a break. This incident was reported by the Nursing Manager, Sally Munk, to their superior, Neil McMunn, who initiated an investigation. Ms Stone stated that she felt pressured to comply with Ms Shey's instructions due to fear of repercussions. Ms. Shey, however, denied any wrongdoing, she said she was only reminding Ms. Stone of the importance of taking her break.

Ms. Shey's employment record shows a history of unsatisfactory performance in several areas, including teamwork, leadership, and problem-solving. She has been described as uncooperative, argumentative, and secretive, with a tendency to avoid problem-solving discussions and to be confrontational when things don't go her way. She has also been noted to have difficulties dealing with changing routines and plans, and her lack of communication skills has affected her success in all areas of her work.

In terms of disciplinary actions, Ms. Shey received a verbal warning for insubordination towards her supervisor in February 2019. In September 2020, she was found to have breached the Respectful Workplace Policy, for which she received a written warning. Her behaviour was found to be demeaning and offensive, creating an intimidating work environment.

Going by (Policy, Pages 2-4) of discipline and dismissal staff policy and procedure and in 3002 of(Concordia-2014-18 OCR,Article 30), the strategy for resolving the issue would involve the following steps:

Investigation: The first step would be to conduct a thorough investigation of the incident. This would involve speaking to all parties involved, including Ms. Shey, Ms. Stone, and any other witnesses. The goal would be to gather as much information as possible to understand the situation fully.

Consultation with Human Resources: After gathering all the necessary information, the next step would be to consult with a representative from the Staff Relations unit of Human Resources. This is to ensure that the appropriate disciplinary action is taken following the company's policies and procedures.

Progressive Discipline: Given Ms Shey's history of unsatisfactory performance and previous disciplinary actions, it would be appropriate to follow the progressive discipline procedure outlined in the company's policy. This would involve the following steps:

Step One - Oral Discussion: The supervisor should discuss the incident with Ms. Shey, outlining the specific actions required of her and how these actions relate to her job responsibilities. This discussion should be summarized in writing and given to Ms. Shey after the meeting.

Step Two - Letter of Warning: If there is no progress in reaching the supervisor's expectations or if other job performance issues arise, the supervisor should meet with Ms. Shey and give her a Letter of Warning. This letter should outline the specific issues and expectations, and it should be made clear that further disciplinary action may be taken if there is no improvement.

Step Three - Suspension Without Pay: If there is still no progress or if other job performance issues arise, the supervisor should consult with Staff Relations to determine the appropriate length of a Suspension Without Pay. This decision should be communicated to Ms. Shey in a meeting and summarized in writing.

Step Four - Dismissal: If there is still no progress or if other job performance issues arise, the final step would be to dismiss Ms. Shey. This decision should be confirmed in writing.

Follow-up: After the disciplinary action has been taken, it would be important to follow up with Ms. Shey to ensure that the issues have been resolved and that she understands the expectations moving forward. This could involve regular performance reviews and ongoing communication.

This strategy is based on the company's Discipline and Dismissal of Staff Policy and Procedure, which emphasizes the importance of progressive discipline and consultation with Human Resources.

RATIONEL:

Based on the case study, Ms. Shey has a history of unsatisfactory performance in several areas, including teamwork, leadership, problem-solving, decision-making, and flexibility. She has also received a verbal warning for insubordination and a written warning for breaching the Respectful Workplace Policy.

It also seems that progressive discipline has been applied but has not resulted in improved behaviour or performance. Therefore, the next step in the progressive discipline process would be suspension without pay or dismissal per "step 3 of the discipline and dismissal of staff policy and procedure'', depending on the severity of the current incident.

Mitigating circumstances to consider include:

History of Discipline: Ms Shey has a history of disciplinary actions, including a verbal warning for insubordination and a written warning for breaching the Respectful Workplace Policy. This history suggests that previous attempts to correct her behaviour have not been successful.

Length of Service: Ms. Shey has been with the company for 5 years. This length of service could be considered a mitigating factor if her performance issues are a recent development. However, if her performance issues have been ongoing throughout her tenure, this may not weigh heavily in her favour.

Level of Remorse: It's unclear from the information provided whether Ms. Shey has shown remorse for her actions. If she has acknowledged her mistakes and shown a genuine desire to improve, this could be a mitigating factor. However, if she has not shown remorse or a willingness to change, this could weigh against her.

The level of discipline determined should be based on the severity of the current incident, Ms. Shey's history of discipline, her length of service, and her level of remorse. Given her history and the seriousness of the current incident, a more severe form of discipline such as suspension without pay or dismissal may be warranted. However, the final decision will be made in consultation with a Union representative and a representative of the Staff Relations unit of Human Resources, as written in step 3 of (Policy,Section pg. 4).

Date

Dear Ms. Janet Shey,

Warning Letter

This letter serves as a formal written warning, following our meeting held earlier today. During our meeting, you confirmed the following facts that had become known to me and our organization:

• On a recent occasion, you instructed your co-worker, Ms. Pam Stone, to leave her duties before she had completed them, despite her willingness to finish the task before taking her break. This incident was witnessed by Ms Sally Munk, Nursing Manager.
• You have previously received a verbal warning for insubordination towards your supervisor on February 20, 2019.
• A respectful workplace investigation dated September 20, 2020, concluded that you breached the Respectful Workplace Policy, for which you received a written warning.

As discussed on (insert date), this conduct is unacceptable. It is also against our organization's policy, as stated in our Employee Handbook and Respectful Workplace Policy. Please be advised once again that you are expected to comply with our organization's policies and standards of conduct.

If you have any questions about the standards of conduct expected, I am available to answer questions and clarify matters. Please note that any repetition of the misconduct noted above, or similar misconduct, will lead to further disciplinary action up to and including dismissal from our organization's employment.

Regards,

Neil McMunn

Chief Dietician

question:

Write an email to the chief HR officer. Submit the letter of discipline.