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Why Proper Documentation Matters

A recent case involving Dhindsa Law Corporation (a law firm dedicated to general law practice) demonstrates the importance of documentation and proper procedures in managing employee relations. The law firm terminated their legal assistant due to concerns about personal internet use. However, the firm failed to provide adequate warnings or documentation of the employee’s behaviour to prove the claim. In addition, the employer reported that the employee quit when, in fact, the employee was dismissed.

When the employee challenged the termination, the B.C Employment Standards Tribunal ruled in favour of the employee, as that the dismissal was not deemed just cause. Since no prior warnings were given, and the employer had no documentation to support the dismissal, the Tribunal found the termination unjustified. The employer was ordered to compensate the employee for the final day’s wages, as well as additional compensation, due to the improper handling of the termination.

The Takeaways for Employers

This case serves as a powerful reminder about the importance of documentation and maintaining clear and accurate records in the workplace. Far too often, I see leaders neglecting to document even small issues, which can lead to costly mistakes when termination is later disputed.

In this case, not only did the employer fail to document warnings and issues, but they also made the error of incorrectly stating the nature of the employee's departure, calling it a resignation when, in fact, it was a termination. This mistake further weakened the employer’s position.

Employers may think minor issues do not need to be documented, but over time, these can accumulate, and failing to the minor issues can lead to significant legal and financial consequences. By ensuring all actions and conversations are recorded, you protect your organization and minimize the risk of costly payouts or disputes. Acting as your HR partner, we will always protect our clients from making the wrong decisions.

Progressive Discipline and its importance;

Progressive discipline is a structured approach that helps employers manage performance issues fairly, while reducing legal risks. It provides employees with opportunities to improve their performance, behaviour, attendance, etc. before termination is considered. Here's a breakdown of how the process works in usual and customary methods:

1. Verbal Warning: The first step is a documented verbal warning. After addressing the issue with the employee, send a follow-up email confirming the discussion and outlining the next steps for improvement.

   
   

2. Written Warning: If the issue persists, issue a formal written warning. This document should include details of the issue, the expected improvements, and the employee’s signature, along with the name of the person issuing the warning.

   
   

3. Final Warning or Suspension: If there is still no improvement, a final warning or suspension should be issued, offering one last chance for the employee to correct their behaviour.

   
   

4. Termination: If the employee has not improved by this stage, termination may be necessary. However, termination should only happen after all previous steps have been followed, ensuring the employee has had multiple opportunities to improve.

Why Documentation is Crucial

In the Dhindsa Law Corporation case, the failure to document any warnings that were issued, and claiming the employee resigned instead of being fired, led to unnecessary complications and costs for the employer. This all highlights the importance of documenting every step of the progressive discipline process, no matter how minor the issue may seem at the time.

Proper documentation ensures that your actions are transparent, fair, and legally defensible. It also helps protect your organization from situations where an employee might challenge their termination, as seen in this case.

Unlimited HRM Solutions Inc. as your acting

HR Partner

Whether the issue is minor or major, documentation is key. Progressive discipline helps employers provide fair opportunities for improvement, but it must be reinforced with clear, consistent, and well-maintained records. Employers should diligently track every step, avoid mischaracterizing the nature of an employee’s departure, and ensure the process reflects both legal compliance and professional integrity.

At Unlimited HRM Solutions Inc., we help organizations navigate the complexities

of employee relations with confidence and clarity. As your HR partner of choice, we bring structure, compliance, and compassion to every phase of the employment lifecycle, minimizing risk and fostering a healthier workplace culture.

Let us help you get it right, before things go wrong.

Sincerely,

Carmelinda Galota, CHRL

President & Principal Consultant