Letter of Expectation Vs Letter of Warning
What’s the difference between a non-disciplinary Letter of Expectation (LOE) and a disciplinary Letter of written Warning?
| Leter of Expectation | Letter of Warning | |
|---|---|---|
| Purpose | To counsel and communicate, to identify or clarify expected behaviour in performance of job duties. | To correct poor performance or undesirable behaviour; assumes that discipline is needed to achieve correction |
| Employer’s Intention and Tone | Helpful & Supportive (To say the intention is non-disciplinary will not be determinative in altering the character of the letter if other factors point to a disciplinary/ corrective intention). | Disciplinary |
| Examples Given | are used only as a means to clarify inappropriate or acceptable behaviour. | are used to describe culpable employee conduct – a specific incident of poor performance, or infraction of a rule, policy or standard. |
| Focus | Assumes behaviour will change in the future, when an employee understands what is expected and is supported in an effort to change. | Expected behaviour is identified, but consequences are attached to present and any future failure to meet prescribed standards. |
| Duration | Removed after next Performance Evaluation | After 18 months an employee must request the removal in writing |
| Consequences | A future disciplinable offence will be treated with no reference to this letter as a foundation for any progressive discipline. This letter may only be used to show that the employee was aware of the employer’s requirements. | Negative impact on employee’s work record. Part of progressive discipline; further incidents of a similar nature may be followed by further increased discipline. |
| Response | Develops, with employee’s input, mutual goals to encourage employee’s commitment to change. | The employee has to grieve the letter to effectively respond to it. |
From our CBA:
Article 36: Evaluations, Personnel Files And Employee Health Files
36.06 Letters of Expectation
a) A Letter of Expectation issued to an Employee shall be placed on the Employee’s personnel file. The Letter of Expectation shall indicate that it is not disciplinary action. A copy of the Letter of Expectation shall be sent to the Union within five (5) working days.
b) During the Employee’s next performance evaluation any Letter(s) of Expectation on the Employee’s personnel file shall be reviewed and the matters addressed may be incorporated into the written evaluation. After the performance evaluation is complete, the Letter(s) of Expectation shall be removed.
Article 37: Discipline And Dismissal
37.02 - Unsatisfactory conduct by an Employee which is not considered by the Employer to be serious enough to warrant suspension or dismissal may result in a written warning to the Employee within twenty (20) working days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. The written warning shall indicate that it is disciplinary action.
37.03 - Unsatisfactory performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record, but not serious enough to warrant suspension or dismissal, may result in a written warning to the Employee within twenty (20) working days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. The written warning shall indicate that it is disciplinary action. It shall state a definite period in which improvement or correction is expected and, at the conclusion of such time, the Employee’s performance shall be reviewed with respect to the discipline. The Employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s right to take further action during said period should the Employee’s performance so warrant.
37.07
a) An Employee, who has been subject to disciplinary action, shall after eighteen (18) months from the date the disciplinary measure was initiated exclusive of absences of thirty (30) consecutive days or more, request in writing that their record be cleared of that disciplinary action. The Employer shall confirm in writing to the Employee that such action has been effected.
b) Once a disciplinary measure is eligible for removal per Article 37.07(a), the Employer shall not rely on, nor refer to such discipline in responding to new misconduct or performance issues.
