The Disciplinary Hearing Letter is a crucial document in Canadian workplace disciplinary proceedings, serving as an official communication tool between employers and employees. It is typically used when serious workplace infractions or performance issues require formal investigation and potential disciplinary action. The document must comply with federal and provincial employment standards, human rights legislation, and common law principles of natural justice. It should be issued when informal resolution attempts have been unsuccessful or when the nature of the alleged misconduct warrants immediate formal proceedings. The letter must carefully balance the employer's right to maintain workplace standards with the employee's right to procedural fairness and natural justice, while considering any applicable collective agreements or company policies.
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1. Letter Header and Date: Complete company letterhead, date, and formal addressing of the employee
2. Purpose Statement: Clear statement that this is a notice of disciplinary hearing
3. Details of Allegations: Specific description of the incident(s) or behavior leading to the disciplinary action
4. Hearing Details: Date, time, location, and expected participants of the hearing
5. Employee Rights: Statement of the employee's rights during the process, including right to representation
6. Potential Consequences: Overview of possible outcomes or sanctions that may result from the hearing
7. Process Overview: Explanation of how the hearing will be conducted
8. Response Instructions: How and by when the employee should confirm attendance or request changes
9. Contact Information: Details of who to contact with questions or concerns
10. Formal Closing: Professional closing and signature block of the authorized company representative
1. Union Representative Notice: Required when the employee is unionized, specifying union rights and involvement
2. Accommodation Statement: Include when the employee may require accessibility accommodations for the hearing
3. Suspension Notice: Include if the employee is suspended pending the hearing
4. Previous Warnings: Reference to previous disciplinary actions if this is part of a progressive discipline process
5. Confidentiality Statement: Include when sensitive information will be discussed or when reminder of confidentiality obligations is needed
6. Remote Hearing Instructions: Include when the hearing will be conducted virtually
1. Evidence Summary: List and copies of evidence to be presented at the hearing
2. Company Policy References: Relevant excerpts from company policies or procedures that were allegedly violated
3. Previous Warning Letters: Copies of previous disciplinary communications if relevant
4. Witness Statements: Written statements from witnesses if applicable
5. Investigation Report: Summary of any preliminary investigation findings
6. Hearing Protocol: Detailed procedures for the disciplinary hearing
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