As an HR professional, I’ve encountered numerous situations where it is required to address employee behaviour. It’s not always an easy conversation, but certainly a necessary one. One particular instance stands out, highlighting the delicate balance between performance management and the legal obligation to accommodate.
Understanding the Root Cause
A few months ago, a small business client approached me with concerns about an employee, let’s call him John, whose performance had noticeably declined in recent weeks. John, once a top performer, was now missing deadlines and making frequent errors. The initial reaction was to address this as a performance issue. However, before taking any action, I advised the employer to have a conversation with John to understand if there were underlying factors affecting his performance. It is in an employer’s best interest to engage with the employee and seek to understand before making any assumptions about their personal situation.
The Legal Obligation to Inquire
During the discussion, John revealed he was struggling with an invisible medical condition (one that isn’t immediately obvious by looking at the individual) that impacted his ability to concentrate and meet deadlines. This revelation shifted the conversation from addressing a perceived performance issue, to a potential need for accommodation. In Ontario, and indeed across various jurisdictions, employers have a legal duty to inquire about and provide reasonable accommodation for employees with disabilities. Before moving through the gauntlet of progressive discipline, employers should take the initial step to inquire if there are health and safety concerns preventing the employee from meeting job expectations, or if accommodations may be needed. Accommodations do not negate the employee’s obligation to perform to expectations, but rather are a way of adjusting the way the work is performed to support the employee to successfully meet those expectations and remain a productive and valued member of the team.
Crafting a Supportive Solution
With this new information, I worked together with the employee and his immediate supervisor to develop an individualized accommodation plan for John. This included temporary flexible working hours and additional breaks to help manage his condition, while ensuring that the operational needs of the team continued to be met. The result was remarkable. Not only did John’s performance improve, but he also felt valued and supported by his employer.
The Takeaway for Small Businesses
This experience reinforced the importance of not jumping to conclusions when employee performance issues arise. Small businesses, in particular, must be vigilant in recognizing when an accommodation might be necessary. By fostering an environment of open communication and support, employers can ensure they meet their legal obligations while also promoting a positive and inclusive workplace culture that values employees as individuals and treats everyone with dignity and respect. Remember, addressing the root cause of performance issues can lead to more effective and compassionate solutions.
At Lisa Isaac HR Professional Services, we understand the complexities of managing employee performance and accommodation. Our expertise in navigating these challenges ensures that your business remains compliant, and your employees feel supported. If you’re looking for tools to help you navigate these sometimes-rough waters (especially for those employers who have not been here before), reach out about our Performance Flow Chart to help you understand what it means to put health and safety, and human rights first. Maybe you just have a few questions or need a consult call to point you in the right direction on an individual situation – book a consult with one of our Advisors. For those businesses wishing to ensure they are compliant at the policy and operational level all around (a more comprehensive audit), our Human Resources & Health and Safety (HRHS) Health Check might be the answer for you.
By sharing this story, I hope to highlight the importance of understanding the fine line between performance management and accommodation. It’s not just about compliance; it’s about creating a workplace where everyone has the opportunity to thrive.
From the LIHR team and lead collaborator, Ellen Brown, CHRP, HR Consultant Ellen@LisaIsaacHR.com
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