13-11 Unsatisfactory Work Performance Flashcards

1
Q

What is the Rationale?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Procedure

Unless specifically specified, in this Procedure “member” SHALL include

A

any employee of the Toronto Police Service (Service).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Standards for Work Performance

Work performance standards applicable to members can be found in:

A
  • Service Governance
  • Federal Statutes and associated Regulations
  • Provincial Statutes and associated Regulations; and
  • Municipal By-laws and Municipal Codes.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Standards for Work Performance

Command officers SHALL establish work performance standards for any specialized function within each command that deviates from the

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Standards for Work Performance

All work performance deficiencies should be addressed in a timely manner. Minor work performance deficiencies can generally be resolved through

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Standards for Work Performance

Because of the serious impact on the efficient operation of the Service, persistent work performance deficiencies must be

A

corrected in a timely manner and a record kept of the results of actions taken.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Duty to Accommodate

The Toronto Police Service (Service) values its members and will take measures, short of undue hardship, to ensure

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

refer to Procedure 13-14 for what constitutes an alleged violation of a prohibited ground under the Human Rights Code.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Workplace Violence and Harassment

The Occupational Health & Safety Act (OHSA) legislates that workers are provided a safe workplace. Members SHALL

A

refer to Procedures for what constitutes workplace violence and workplace harassment, and the process for reporting either incident.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Reporting of Misconduct

Section 1.3 of the Standards of Conduct directs members to report acts of misconduct which may be

A

criminal in nature or lie entirely within the realm of employee misconduct, or both.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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.

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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.

A

misconduct, including persons who make disclosures, witnesses, and persons alleged to be responsible for the misconduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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.

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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 ____

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A
  • 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

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

A

internal complaint SHALL be initiated against the supervisor or manager in compliance with the applicable procedures.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

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

A
  • 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.
19
Q

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 _____.

A

ninety (90) calendar days

thirty (30) calendar days, to a maximum of ninety (90) calendar days

20
Q

Special Review

No Special Review SHALL be initiated until the member has received

A

a copy of the specific standard to be met and has been informed of the disciplinary consequences if the standard is not met.

21
Q

Special Review

The following outcomes are possible at the conclusion of a Special Review:

A
  • 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
22
Q

Member

  1. When instructed to attend a work performance deficiency meeting SHALL
A
  • attend at the designated location and time
  • sign and accept service of the TPS 955, if applicable
23
Q

Supervisor

  1. When a member has been identified as having a minor work performance deficiency SHALL
A
  • 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
24
Q

Supervisor

  1. When a work performance deficiency has been identified as persistent, and it cannot be rectified through guidance or instruction SHALL
A
  • 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
25
Supervisor 4. When assigned to conduct a Special Review SHALL
* meet with the member in private * conduct heightened monitoring of the member’s performance * complete a TPS 956 for each thirty (30) day performance examination period * continue to provide guidance or instruction targeted at correcting the deficiency * advise the second–level supervisor throughout the Special Review and provide any recommendations
26
Supervisor 5. If a member meets the standard threshold during the assessment period, the supervisor SHALL
conclude the examination and forward any recommendations to the second–level supervisor.
27
Second-Level Supervisor 6. In addition to completing the applicable duties listed under a supervisor, where a subordinate is involved SHALL
* review any recommendations/information provided on an existing TPS 955 * meet with the member in private * record the response given by the member, and/ or provide the member with the opportunity to respond * attempt to resolve work performance deficiencies through remedial assistance, such as counselling, training or participation in a program or activity that would improve the member’s performance, as appropriate * ensure that any management practices or accommodation factors are remedied before processing the matter further * re–evaluate the performance deficiency when the management practices or accommodation factors have been resolved, and o forward the TPS 955 to the unit commander if the performance deficiency is attributable solely to the member, or o where management practices or accommodation factors are the root cause of the deficiency, provide direction and guidance to the first level supervisor, as required
28
Second-Level Supervisor 7. When detailed to co–ordinate a Special Review SHALL
* assign sufficient persons with expertise to provide guidance and instruction to the subject member of the Special Review * meet with the member and the supervisor to ensure the standards being observed, the plan of action, measurement means, and assessment date have been properly communicated * advise the Unit Commander when the Special Review should be terminated and/or provide any other recommendations
29
Second-Level Supervisor 8. When advised that the member has satisfactorily progressed towards meeting the standard, or has accomplished the threshold SHALL
* make recommendation to extend the assessment period, if applicable * terminate the review, if applicable * forward the results/recommendations to the Unit Commander
30
Second-Level Supervisor 9. When a Special Review has concluded and it is determined that the member did not meet the standard threshold SHALL
ensure a TPS 901 is generated and the internal complaint process commencing with Procedures followed, as applicable
31
Unit Commander 10. When a member who is directly supervised by the Unit Commander has been identified as having a work performance deficiency SHALL
perform the applicable duties listed under supervisor and/or second–level supervisor.
32
Unit Commander 11. When in charge of a unit that does not have second–level supervisors SHALL assign
a supervisor to fulfill the duties of the second–level supervisor.
33
Unit Commander 12. Upon receipt of a TPS 955 for a persistent work performance issue attributable to a member SHALL ensure
* any management practices or accommodation factors have been satisfactorily addressed * the performance deficiency is re–evaluated when the management practices or accommodation factors have been resolved * a TPS 955 is discontinued where management practices or accommodation factors are the root cause of the deficiency and initiate a TPS 901, if applicable, directed at the involved supervisor(s) * a second–level supervisor is detailed to co–ordinate a Special Review * a meeting is held with the member and the supervisor assigned to co–ordinate * in conjunction with the member and the supervisor, a plan of action is created to address the issue * the specific work performance standard is communicated * a measurement mechanism is established * the assessment date is communicated * the member is served with a copy of the TPS 955, including the plan of action and assessment date
34
Unit Commander 13. When the results of a Special Review are reported SHALL
* where the member has satisfactorily progressed towards meeting the standard, or when the assigned supervisor advises they were unable to fully monitor the member due to an extenuating circumstance o consider an additional review period o provide the member with a copy of the TPS 955, indicating the revised assessment date * where the member has met the threshold for the standard o terminate the Special Review o provide the member with a copy of the findings/report o place the original TPS 955 and associated correspondence in the unit personal file * where the member has failed to meet the standards ensure that the applicable complaint/ discipline process has been initiated
35
Definitions 13-11 Barrier means
anything that prevents a person with a disability from fully participating in all aspects of society because of their disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice. [Accessibility for Ontarians with Disabilities Act, S.2]
36
Disability means:
* any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; * a condition of mental impairment or a developmental disability * a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language * a mental disorder, or * an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act; (“handicap”). [Source: Ontario Human Rights Code, Accessibility for Ontarians with Disabilities Act]
37
Individual Work Practices means
the manner in which members manage their time, workload, and work environment.
38
Management Practices means
the supervisory practices used to control the work environment and to assign tasks, and the methods used to communicate standards. Also includes the manner in which training needs are met and equipment issues are resolved.
39
Special Review in reference to work performance means
a two–part process involving an initial interview with the unit commander about management practices and/or accommodation factors, and a second phase that may include heightened monitoring of performance beyond the annual evaluation to improve an individual’s work performance.
40
Sundry Duties means
the tasks associated with a primary task defined in a civilian job description that are too numerous to list.
41
Unsatisfactory Work Performance means
a failure to meet an established standard and may involve a single event, or the cumulative effect of a number of less serious events.
42
Work Performance Deficiency means
a failure to meet an established standard and may involve a single event or the cumulative effect of a number of less serious events.
43