Whether you are an employer or an employee, a gradation of sanctions is an employment principle that you would benefit from knowing. Although it may seem logical, it appears that many employers and employees ignore it, to the detriment of their rights.

This principle is based on the fact that an employment relationship, enshrined in an employment contract, is not something that can be thrown away at the first whim. According to this principle, dismissal should be viewed as a capital punishment that can only be imposed where there are serious reasons for doing so.

Where the employee commits a fairly serious offence, the principle of graduated sanctions does not always apply. However, where the employee makes a few minor mistakes that can be more easily understood or forgiven, the principle of graduated sanctions requires the employer to ensure that the employee understands that his or her conduct is unacceptable and to support the employee in his or her efforts to improve.

Graduated sanctions are broadly defined to mean that progressively more severe sanctions may be imposed if, day after day, an employee fails to meet the employer’s expectations. From a simple oral notice to dismissal, to a formal letter and suspension, a multitude of circumstances can lead to a multitude of sanctions to be considered.

If the employer fails to follow the principle of the gradation of sanctions, several remedies may be available to the employee, including reinstatement and compensation for having been wrongfully dismissed.

To develop a plan to ensure that you follow the principle of gradation of sanctions, to ensure that you make the appropriate decision, or to find out if your rights as an employee were violated by a wrongful dismissal, the lawyers at Duclos Law firm will be pleased to guide you in the right direction.