Document, document, document

Thorough files key for performance management, accommodation, complaints
By Stuart Rudner and Brittany Taylor
|Canadian HR Reporter|Last Updated: 05/30/2016

It is one thing to do the right thing, but quite another to prove it. 

That’s an issue employers often run into when it comes to a lack of documentation — whether relating to issues such as performance management, policies, misconduct and discipline, employee complaints — including allegations of workplace harassment or violence — and employee requests for accommodation. 

In the employment law world, it is not unusual for an employer to exclaim it “has had it” with an employee who “has been a disaster since day one,” only to find out the employee file contains average performance reviews and no indication of any concerns. Without this evidence, it will be virtually impossible for the employer to satisfy a court it had just cause for dismissal.