3-day Virtual Seminar

Handling and Documenting an Under-Performing Employee: A Canadian Workplace Guide

Overview

This session provides Canadian managers, HR professionals, and business owners with a practical, legally informed guide to handling and documenting underperformance in the Canadian workplace. Attendees will learn the legal framework that governs performance management across Canadian provinces, the structured process required before any formal action can be taken, how to document every stage of the performance management journey correctly, and how to move from informal coaching to formal performance improvement plans and beyond - with a record that is defensible, fair, and compliant with Canadian employment law. Please note - this session is designed as a practical management guide and does not constitute legal advice. Attendees are encouraged to consult qualified legal counsel for province-specific guidance.

Why you should Attend

In Canada, you cannot simply let someone go because they are not performing. The law requires you to prove that you identified the problem, communicated the expectation, offered support, gave the employee a genuine opportunity to improve, and documented every step of that process. If any one of those steps is missing from your records, your organization is exposed - regardless of how legitimate your performance concerns are. If you have ever faced a situation where you knew an employee was underperforming but did not know how to handle it legally, document it correctly, or move forward without risk - this session gives you the complete framework to do it right from the very first conversation.

Areas Covered in the Session

• The Canadian legal framework for performance management - provincial and federal obligations 
  
• The difference between termination with cause and without cause in a Canadian context 
  
• Why documentation is the foundation of every defensible performance management process in Canada 
  
• The progressive discipline framework used in Canadian workplaces - coaching, verbal warning, written warning, suspension, and termination 
  
• How to identify and document performance gaps with specificity and objectivity 
  
• Communicating performance expectations clearly and documenting that communication 
  
• How to structure and document a Performance Improvement Plan that meets Canadian standards 
  
• What Canadian courts and tribunals look for when reviewing performance management records 
  
• Human rights considerations in performance management - protected grounds and accommodation obligations 
  
• How to document support, coaching, and resources offered to the underperforming employee 
  
• The documentation trail required to support a lawful termination decision in Canada 
  
• Common performance management mistakes Canadian managers make and the legal consequences they create

Who Will Benefit

• Canadian Managers 
  
• HR Professionals 
  
• HR Managers 
  
• Business Owners 
  
• Team Leaders 
  
• Operations Managers 
  
• People Managers 
  
• Department Heads 
  
• Senior Leaders Responsible for Performance Management 
  
• Small and Medium Business Owners Operating in Canada