Disciplinary measures: warning, suspension, dismissal — your rights

Receiving a disciplinary letter is unpleasant. Receiving a suspension is worse. And a dismissal is a shock.

But these three measures are framed. They obey rules your employer must respect — and that your collective agreement can reinforce. Here's how to keep a clear head and react effectively.

The principle: "just and sufficient cause"

Except during probation, your employer cannot impose a disciplinary measure without just and sufficient cause. This means they must demonstrate:

1. That the facts alleged are real;
2. That they actually constitute a breach (of a rule, your contract, a known policy);
3. That the sanction is proportional to the gravity of the breach;
4. That progression has been respected (except serious misconduct: you don't skip steps).

If any of these four elements is missing, the measure is contestable.

The principle of progressive discipline

Except for very serious misconduct (theft, assault, serious fraud), progressive discipline is the rule:

1. Documented verbal warning
2. Written warning
3. Short suspension (1, 3, 5 days)
4. Long suspension
5. Dismissal

If the employer skips steps, the grievance can have the measure annulled or reduced — unless the breach objectively justifies the severity.

⚠️ A verbal warning never documented cannot generally serve as foundation for a later measure. Documentation is the condition.

Procedural protections

Before a measure is imposed, your employer must respect certain rules. Depending on your agreement, they may include:

• A fair inquiry: hearing your version, giving you the chance to respond to accusations.
• The presence of your steward at any disciplinary meeting (often mandatory on your request, sometimes automatic).
• Written notification specifying the alleged facts, the measure imposed, and the date of application.
• A delay between the decision and application (to allow the filing of a grievance).

If the employer convenes a meeting that may lead to discipline and refuses your request to be accompanied, that's a significant procedural breach.

What to do as soon as the notice arrives

Here's the sequence to follow the moment you receive a disciplinary notice, regardless of form (verbal, written, suspension, dismissal).

1. Don't sign anything on the spot

If you're asked to sign a document, you can sign with "received, without agreement on content" or "received under all reserves." This confirms receipt without waiving your right to contest.

You are never required to sign a document acknowledging fault.

2. Request everything in writing

Demand:

• The precise facts alleged (date, place, witnesses, description);
• The rule or policy you supposedly violated;
• The measure imposed and the duration;
• The contestation procedure provided.

All of this should normally be in the disciplinary letter. If it's not, that's a procedural weakness.

3. Note everything, immediately

While details are fresh:

• Date and time of the meeting;
• People present;
• Exact words used (no interpretation);
• Your version of the facts.

Do it the same day. Your memory is your best ally at this stage.

4. Contact your steward

That's the priority. They can:

• Explain the specific procedure under your agreement;
• Assess whether there's a basis for a grievance;
• Accompany you to any subsequent meeting;
• Represent you in the grievance process.

Don't wait. Deadlines to file a grievance are generally short (5, 10, 15, 30 days depending on the agreement). A late grievance is almost always rejected.

5. Don't discuss the file with other employees

Tempting, but to be avoided: your colleagues may be called as witnesses, and any public version on your side may weaken your case. Confide in your family, your steward, your lawyer — not the break room.

The grievance: your main recourse

If you (and your union) deem the measure unjustified or disproportionate, the grievance is the tool provided.

What the grievance can obtain

Depending on the facts and evidence:

• Full cancellation of the measure (removal from disciplinary file);
• Reduction (5-day suspension → 1 day);
• Reimbursement of unworked hours (in case of suspension);
• Reinstatement in case of unjustified dismissal, with back pay;
• Damages in some cases (reputation harm, bad-faith dismissal).

The typical procedure

It varies by agreement, but generally follows these steps:

1. Step 1: written grievance filed with the immediate supervisor (tight deadline: 5 to 30 days).
2. Step 2: if no satisfactory response, escalation to HR.
3. Step 3: mediation or joint meeting (sometimes mandatory before arbitration).
4. Arbitration: hearing before an independent arbitrator, final decision (except judicial review).

Each step has its own deadline — not just the initial filing. Watch the entire chain.

Special case: dismissal

Dismissal is the ultimate measure. For it to hold, the employer must demonstrate:

1. A serious fault or an accumulation of documented breaches;
2. A progression of sanctions (warning, suspension), except objectively very serious misconduct;
3. That you were warned of possible consequences;
4. That the decision is proportional to your overall record (including seniority, history).

Seniority weighs heavily. An employee with 15 years of service without incident is generally entitled to more intermediate measures before dismissal than an employee with a few months of seniority.

In case of dismissal, act immediately: contact your union within 24 to 48 hours, file the grievance within the deadlines, and prepare for a process that can take 6 months to 2 years before arbitration.

Special case: administrative suspension

Not to be confused with disciplinary suspension: the administrative suspension (often "with pay, pending the investigation") is in theory not a disciplinary measure. It aims to temporarily remove someone from a tense situation while an investigation takes place.

But it often has a disguised disciplinary character. If it's long, without pay, or accompanied by a one-sided investigation, it can be contested as such.

Your steward will tell you when that line is crossed.

What is not a disciplinary measure (and what can still be contested)

Be careful not to confuse:

• Informal feedback ("I'd like to talk about your late arrival this morning") isn't a disciplinary measure. No automatic grievance. But document it anyway if it repeats or feels off.
• A negative performance review isn't a disciplinary measure. But it can prepare the ground for one and is sometimes contestable by grievance if biased.
• Psychological harassment is contestable through another process (ARLS s. 81.18 et seq.), with a 2-year deadline.

The most frequently contested faults (and often annulled)

Arbitrators see certain management errors recur:

• Disproportionate sanction relative to the breach (5-day suspension for a 10-minute lateness);
• No progression when it was possible;
• Facts not demonstrated (single witness, no documentation);
• Procedure not respected (refusal of the right to be accompanied, no inquiry);
• Delayed sanction (the employer waits weeks before acting, signalling the fault isn't serious);
• Double sanction for the same breach.

If any of these apply to your file, your grievance has good chances.

The bottom line

A disciplinary measure isn't fate. It can be cancelled, reduced, negotiated. But it requires three things: act fast, document everything, work with your union.

The biggest risk in a disciplinary file is isolation: believing you're alone to judge the situation, that you should handle it yourself, that you have no recourse. False. That's exactly what union dues exist for.

Call your steward. Today, if possible. It's free, it's confidential, it's the right move.