Halifax Regional Fire and Emergency Handbook
P-032 Discipline
Date of Issue: 2001/12/13
Revision Date:2003/01/27
PURPOSE:
To establish policy regarding discipline for all members of Halifax Regional Fire and Emergency Service.
OBJECTIVE:
The objective of this policy is to provide a guide for the appropriate conduct and displacing of HRFE members in a fair and timely manner.
SCOPE:
This policy applies to Career and Volunteer members of HRFE.
POLICY:
Members may be subject to discipline for failing to observe policies, rules and regulations, or for exhibiting inappropriate conduct. Discipline is a corrective measure, to clearly indicate to members that their conduct is unacceptable. Discipline will be administered in a fair and timely manner and in accordance with the concept of progressive discipline, where appropriate.
When a situation arises, for which no specific rule or regulation has been provided, members are expected to use common sense and good judgment in dealing with it.
Code of Conduct:
All Officers are required to apply discipline, within their areas of responsibility, as necessary. Inappropriate conduct that is outside of the area of responsibility is to be forwarded to the next in command. The following list is not exhaustive; however, a member may have committed a disciplinary offence when one of the following occurs:
• Conduct that is unbecoming, which is likely to bring discredit upon the reputation of this Fire Service.
• Using oppressive or abusive conduct or language while on duty.
• Disobeying an order; uncooperative behaviour; neglecting to perform the duties and responsibilities that are outlined in the job description.
• Contributing to a poison work environment and/or violating provincial human rights legislation.
Unauthorized absence; tardiness; leaving work without permission; not meeting attendance requirements.
• Wilfully or negligently causing waste, loss or damage to property entrusted to the member’s care, or failing to report promptly any loss of or damage to such property.
• Being unfit for duty as a result of intoxication or impairment.
• Dressing improperly or being untidy while wearing a uniform.
• Conviction of an indictable offence punishable on summary conviction under any statute of Canada or Nova Scotia which renders the member unsuitable to perform his/her duties.
• Wilfully making false or misleading oral or written statements pertaining to assigned duties, falsifying, destroying or mutilating official records, theft, fraudulently obtaining or attempting to obtain benefits.
• Illegal interference in the operation of the Municipality, such as instigating, leading or participating in any illegal walkout, strike, sit-down, or stand-in, refusal to return to work at the scheduled time, interfering or refusing to participate in internal investigations, or other actions which are likely to curtail or interfere with the Municipality’s operations.
• Refusal to work (subject to the terms of the Occupational Health and Safety Act).
• Failure to wear appropriate Personal Protective Equipment.
Procedure:
• An investigation to gather the facts will take place.
• All career issues that may require discipline must be reviewed with the Sr. Human Resources Consultant or designate. Human Resources is available as a resource in dealing with volunteer issues, and must be involved in the investigation, decision making and implementation of major decisions of discipline.
• Fire Service Management/Fire Chief will make reasonable effort to gather the facts in a timely manner.
• Members will be given an opportunity to respond to the incident/allegations that are being made.
• All information received will be reviewed by Fire Service Management/Fire Chief, and discipline applied where appropriate. Discipline will be applied in accordance with the collective agreement, where applicable.
Appeal Process:
• Career issues are to be appealed through the grievance process as outlined in the collective agreement
Volunteer issues are to be appealed as outlined in Policy 806 Conflict Resolution/Appeal Process.
PROGRESSIVE DISCIPLIN:
Fire Service Management/Fire Chief will determine, based on the seriousness of the inappropriate behaviour, what corrective action will be taken. Many factors determine the appropriate degree of discipline. They include, but are not limited to, the seriousness of the incident, service record of the member, and the past discipline record of the member. Depending on the nature of the offense, the supervisor need not run through every step of the progressive discipline process.
Oral Reprimand
• The member is informed of the performance problem, told that he/she is being reprimanded, and warned of the possible consequences of further unsatisfactory behaviour. A note indicating that this discussion occurred will be placed on the member’s personnel file.
Written Reprimand
• This is a written statement informing the member of the reason for the reprimand, and warning him/her of the possible consequences of further unsatisfactory behaviour.
Suspension With/Without Pay (Career Members)
• Under serious circumstances, a paid member may be suspended with pay while further investigation into the incident/allegation takes place.
• Suspension without pay may occur once the offence has been proven, and is deemed to require a penalty of this magnitude.
• A member’s work history is considered, as suspensions may occur for culminating incidents.
Suspension (Volunteer Members)
• Volunteer members may also be suspended from duty while an investigation into the incident/allegation takes place.
• Suspension of duties may occur once the offence has been proven, and is deemed to require a penalty of this magnitude.
• Policy P-029 will apply to both volunteer and career members.
Discharge- A member may be discharged if the offence is considered serious enough to warrant such discipline.
RELATED POLICIES/ OPERATING GUIDELINES:
• P-040 Volunteer Appeal Process
POLICY REVIEW:
This policy shall be changed when/if there are changes to Code of Conduct and/or Progressive Discipline plans for HRFE Firefighters.