13-11 Unsatisfactory Work Performance Flashcards
What is the Rationale?
The objectives of the performance improvement process are to correct identified work performance deficiencies and to achieve an acceptable level of performance by members. This Procedure outlines the mechanism by which standards will be established and defines the remedial steps to be taken when a member’s performance does not meet established standards.
Procedure
Unless specifically specified, in this Procedure “member” SHALL include
any employee of the Toronto Police Service (Service).
Standards for Work Performance
Work performance standards applicable to members can be found in:
- Service Governance
- Federal Statutes and associated Regulations
- Provincial Statutes and associated Regulations; and
- Municipal By-laws and Municipal Codes.
Standards for Work Performance
Command officers SHALL establish work performance standards for any specialized function within each command that deviates from the
prescribed duties for an equally ranked/classified member. Job descriptions, having regard to the definition of sundry duties, further define the duties and requirements of civilian employees and SHALL be included in work performance standards.
Standards for Work Performance
All work performance deficiencies should be addressed in a timely manner. Minor work performance deficiencies can generally be resolved through
remedial assistance, such as counselling, training or participation in a program or activity that would improve the member’s performance. Members must be provided the opportunity to improve work performance without adversely affecting their work record.
Standards for Work Performance
Because of the serious impact on the efficient operation of the Service, persistent work performance deficiencies must be
corrected in a timely manner and a record kept of the results of actions taken.
Duty to Accommodate
The Toronto Police Service (Service) values its members and will take measures, short of undue hardship, to ensure
that members who require a workplace accommodation are accommodated in accordance with the Ontario Human Rights Code (Code), the Community Safety and Policing Act and other relevant legislation.
Human Rights
Discriminatory and harassing behaviour is offensive, degrading and illegal under the Ontario Human Rights Code (Human Rights Code). Section 1.9 entitled “Fairness, Discrimination and Harassment” of the Standards of Conduct prohibits discriminatory behaviour.
Members SHALL
refer to Procedure 13-14 for what constitutes an alleged violation of a prohibited ground under the Human Rights Code.
Workplace Violence and Harassment
The Occupational Health & Safety Act (OHSA) legislates that workers are provided a safe workplace. Members SHALL
refer to Procedures for what constitutes workplace violence and workplace harassment, and the process for reporting either incident.
Reporting of Misconduct
Section 1.3 of the Standards of Conduct directs members to report acts of misconduct which may be
criminal in nature or lie entirely within the realm of employee misconduct, or both.
Reprisal
No person SHALL_____. Any member who, in good faith, reports a breach of Service or legislative governance or an act of misconduct SHALL not be subject to reprisal for making such report.
harass, coerce, intimidate or retaliate against, or attempt to harass, coerce, intimidate or retaliate against, any other person in relation to a complaint made or investigation conducted
Confidentiality
The identities of persons involved in the disclosure of _____, SHALL be protected unless the interests of fairness require that a person’s identity be disclosed.
misconduct, including persons who make disclosures, witnesses, and persons alleged to be responsible for the misconduct
Supervisor Responsibility
Supervisors are responsible for _____. Supervisors who maintain memorandum books SHALL make applicable entries in the memorandum book in regard to any _____. Supervisors who are not normally required to maintain a memorandum book SHALL record minor performance deficiencies on a TPS 649 to be placed in a civilian member’s unit personnel file.
providing consistent and effective supervision including identifying performance deficiencies and taking appropriate steps to resolve them in consultation with the member
work performance deficiency issue
Supervisor Responsibility
A copy SHALL be provided to the civilian member and the TPS 649 SHALL be expunged from the file after____. In the event that disciplinary action is commenced with regard to a performance report, it SHALL be ____
two (2) years have passed without further negative performance reports
appended to the associated TPS 931, and no additional copies SHALL be kept in the unit personal file.
Work Performance Issues
Examples of work performance issues that may form the basis for a complaint of unsatisfactory work performance include, but are not limited to
- incompetence
- quality of work
- quantity of work
- insubordination
- personal appearance
- engaging in personal activities detrimental to the job
- failure to co–operate
- missed deadlines
- frequent or repetitive errors
- excessive absenteeism or tardiness
Continued failure to meet an established work performance standard will result in an internal conduct complaint for police officers, or in the initiation of the disciplinary process for civilian members. Complaints of unsatisfactory work performance may originate externally or internally.
Special Review
Where a supervisor identifies the performance of a member that is less than satisfactory and the work performance deficiency cannot be corrected through discussion, guidance or training, the supervisor SHALL
record the deficiency on a TPS 955.
A Special Review is a two–part process. The initial part involves an interview between the member and the unit commander. This initial meeting is intended to ensure that management practices or accommodation factors are not the root cause of the reported deficiency.
Special Review
Where it is established that a supervisor or manager failed to provide adequate or necessary training or equipment or failed to establish or communicate a work performance standard, an
internal complaint SHALL be initiated against the supervisor or manager in compliance with the applicable procedures.
Special Review
The second part of the Special Review will be initiated where it is identified that the work performance deficiency is a persistent situation attributable to the individual member. A meeting between the unit commander, the assigned supervisor and the member will be held to
- develop a plan for corrective action
- profile the time frame for improvement
- detail the specific standard to be met
- explain the possible disciplinary ramifications if the standards are not met.
Special Review
The time frame for a Special Review is _____. Additional review periods may be added where the member has demonstrated an effort to comply, but has not sufficiently met the threshold level, or the supervisor was unable to fully observe the conduct of the member as a result of injury or illness. The additional review periods will be in increments of _____.
ninety (90) calendar days
thirty (30) calendar days, to a maximum of ninety (90) calendar days
Special Review
No Special Review SHALL be initiated until the member has received
a copy of the specific standard to be met and has been informed of the disciplinary consequences if the standard is not met.
Special Review
The following outcomes are possible at the conclusion of a Special Review:
- Member meets standard: TPS 955 is concluded and placed in the unit personnel file until two (2) full years have passed without further negative reports.
- Member fails to meet standard: If a member is unable to meet the standard, a TPS 901 will be generated, and the internal complaint process will be initiated
Member
- When instructed to attend a work performance deficiency meeting SHALL
- attend at the designated location and time
- sign and accept service of the TPS 955, if applicable
Supervisor
- When a member has been identified as having a minor work performance deficiency SHALL
- meet with the member in private
- provide guidance or instruction targeted at correcting the deficiency
- continue to monitor the member for compliance
- record the matter in their memorandum book, or on a TPS 649 if not normally required to maintain a memorandum book
Supervisor
- When a work performance deficiency has been identified as persistent, and it cannot be rectified through guidance or instruction SHALL
- generate a TPS 955
- meet with the member in private
- serve the member with a copy of the TPS 955
- forward the TPS 955 to a second–level supervisor
- continue to provide guidance or instruction targeted at correcting the deficiency