Page 24 - GBC Spring 2026 ENG

It is key that an employer arrange
for an investigation that is
‘appropriate in the circumstances.’
The bar requires that employers
choose an investigator that
knowledgeable of both the H&S
legislation as well as how to
conduct an enforceable
investigation. Most importantly,
the employer is required to choose
an investigator that is unbiased,
both reality and perception. For
this reason, it is generally
recommended that golf course
owners retain a 3rd party, expertly
trained investigator to facilitate
investigations.
PERFORMANCE MANAGEMENT
AND PROGRESSIVE DISCIPLINE:
TWO DIFFERENT PROCESSES
Golf clubs are fast-paced
workplaces. It is common for
managers to address performance
issues and behaviour issues in the
same way, but these two areas
require different approaches.
Proper separation protects the club
and helps employees understand
what is expected of them.
PERFORMANCE MANAGEMENT:
SUPPORT, NOT PUNISHMENT
This process is meant to be
supportive. It provides employees
with direction and time to meet
expectations. At no time in the
early stages (in the first 2 to 3 steps)
should a performance management
plan or appraisal even suggest
punitive consequences for failure
to improve. The process must be
constructive and supportive in its’
nexus for a termination for cause to
be enforceable if that should be the
end result. For performance
management to hold up in legal
settings, the club must:
• give clear goals
• explain what success looks like
• set reasonable timelines
•  offer training or coaching at
every stage of the process

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Golf Business Canada
Dawson v. FAG Bearing is an
important Canadian law case where
an employee was terminated, for
just cause, for poor performance.
The court found that the employer
did not provide sufficient training
and support throughout the
performance management process
and thus awarded the employee 10
months salary. It is important to note
that simple incompetence (inability
to do the job) does not warrant just
cause. The employee must be
provided with the tools and support
to do the job and only then, should
the employee not improve, can you
take a punitive path.
PERFORMANCE IMPROVEMENT
PLANS AND DECISIONS
AROUND TERMINATION
Once an employer has worked
through the first few steps of a
performant process with an
employee and the employee has not
shown the necessary improvement,
the employer can implement a
Performance Improvement Plan, or
PIP. A PIP has the same requirements
as a performance improvement plan
or appraisal. The key difference is
now there are punitive consequences
should the employee not improve.
As well, during a PIP, each stage of a
PIP usually becomes more focused,
with shorter timelines and clearer
consequences.
When evaluating whether a
dismissal for cause is justified,
courts consider the full context of
the situation and the employee; it is
not as simple as the employee did
not improve. The courts will not
consider the employee’s conduct in
isolation but will consider several
factors. The 3 main factors include:
1.  the context and circumstances in
question (the severity and
frequency of the unsatisfactory
performance, did the employee
take accountability, etc.)
2.  the employee’s length of service
(the court will consider the
unsatisfactory performance
against the length of service)
3.  the nature or character of the
employment (the more respon-
sibility of the employee typically
means higher accountability)
PROGRESSIVE DISCIPLINE
ADDRESSES BEHAVIOUR
PROBLEMS
Progressive discipline is used when
an employee’s behaviour is the
issue. This can include repeated
lateness, disrespect, failure to
follow rules, or other conduct
problems. Concerns such as perfor-
mance and non-culpable absent-
eeism should not fall within the
progressive discipline process.
They both have their own paths
which are designed to be constructive
in the start, not punitive. The
following are important consider-
ations when implementing progres-
sive discipline:
•  The first stage of the process is a
verbal or counselling letter. This
step is not punitive, although it
must note that future infractions
will result in moving to the next
stage of the process, which is
punitive.
•  The level of discipline issued
should fit the violation. For more
serious infractions, the employer
should issue a harsher level of
discipline; it is not necessary to
follow the steps in all cases.
Issuing discipline for a serious
infraction that is too lenient could
be considered as condoning a
behaviour or not taking the issue
seriously.
TERMINATION WITHOUT CAUSE:
WHAT GOLF CLUBS MUST PAY
Terminating an employee without
cause is permitted as long as the
club meets all legal requirements.
This includes:
• providing notice or pay in lieu
•  continuing benefits during the
notice period, where applicable
• paying severance when required
•  avoiding any breach of human
rights