Toronto, ON – October 14, 2026 – Good management is rarely about one difficult conversation. More often, it is the steady work of setting clear expectations, giving timely feedback and keeping reliable records. Those conversations may feel awkward, but avoiding them rarely makes things better. This bulletin offers practical tips for HR professionals and employers managing performance, accommodation and workplace concerns.
Set Expectations—and Address Concerns Early
- Make success easy to understand. Spell out the employee’s duties, priorities, deadlines and standards for acceptable work. If responsibilities change, confirm the new expectations. Do not assume they are obvious. Clear direction and regular check-ins can prevent small misunderstandings from becoming large problems.
- Coach before a concern becomes a crisis. Raise specific issues promptly. Describe the work or conduct at issue, explain its impact and identify what needs to change. Give the employee a genuine opportunity to respond; there may be missing information, a training gap or an obstacle management can address.
- Focus on observable work, not personality. “Your attention to detail is lacking” is vague. “The report contained three data errors” is useful. Keep performance concerns separate from interpersonal friction, and do not turn a personality clash into a disciplinary record.
- Keep proportionate records. After an important conversation, send a short, factual follow-up confirming the expectations, support offered and next check-in. Record improvements as well as ongoing concerns.
Performance Improvement Plans (“PIPs”) Explained
Use a formal process selectively. Not every performance issue needs a performance improvement plan (“PIP”); coaching or written feedback may be enough. A PIP is most useful when an employee needs a structured, time-limited opportunity to meet clearly defined expectations. If a PIP is the right tool, keep the following in mind:
- Make the plan workable. Identify the performance gaps, measurable goals, supports available, deadlines and possible outcomes. A PIP should be a roadmap, not a scavenger hunt.
- Hold a two-way meeting. Explain the concerns plainly and listen to the employee’s response. Be open to information that may affect the PIP, including training needs or accommodation issues.
- Check in throughout the PIP. Do not wait until the final day to say progress was inadequate. Give timely feedback and a reasonable opportunity to course-correct.
- Document the full picture. Record progress, check-in discussions, successes and areas requiring further improvement.
One important legal reality: an unsuccessful PIP does not automatically justify termination for cause. In many cases, the employer may still owe termination and severance pay (and possibly contractual or common law notice to boot!). Because PIPs require significant time and effort, and may not reduce termination costs, consider carefully whether a formal plan is appropriate in the circumstances.
Managing Leaves of Absence and Accommodation
Sometimes poor performance can be masking a need for accommodation and employers have a duty to inquire if they suspect someone might need accommodation. Before taking action, determine whether a statutory leave, workplace policy or accommodation obligation applies. The Employment Standards Act, 2000 protects certain leaves, while the Ontario Human Rights Code protects employees on Code-related grounds. Accommodation is a shared process: the employer, employee and, where applicable unions each have a role to play.
Ask appropriate questions early and respond promptly.
Recent Case Spotlight
The recent Human Rights Tribunal of Ontario decision Bulford v. Country Paws Boarding Inc. brings the intersection between performance management and accommodation into sharp focus. The applicant, an Operations Manager, alleged that the concerns raised about her performance were connected to an ankle injury for which she required accommodation, and that her employment was terminated because of that disability-related need. In other words, she argued that what the employer characterized as performance management was really a human rights issue.
The Tribunal accepted that the employer perceived the applicant to have a disability and had proactively raised modified duties that would keep her off her feet. However, the employer was able to demonstrate that the performance concerns were separate from any need for accommodation. Its witnesses gave credible evidence about issues involving leadership, availability, support for staff and an incident concerning a dog’s medication, none of which arose from the applicant’s ankle injury or from limitations requiring accommodation. The Tribunal therefore found that the perceived disability was not a factor in the termination and that the performance concerns were not a disguised response to an accommodation need.
For employers, the distinction is critical. Poor performance may sometimes signal that an employee needs accommodation, so employers should pause, ask appropriate questions and consider whether disability-related limitations are affecting the work. But an accommodation need does not place every performance issue off-limits. Where concerns arise from separate conduct or performance grounds, an employer may still address them, provided it can clearly show the difference. Country Paws succeeded despite having little contemporaneous performance documentation and relying heavily on witness testimony more than six years later. That is not a record-keeping strategy anyone should be eager to test-drive. The safer approach is to document both streams: the accommodation dialogue on one track, and the unrelated performance concerns on the other.
Employer Takeaway
Bottom line: Clear standards, genuine opportunities to improve, reasonable accommodation and accurate, contemporaneous records make workplace decisions fairer, and much easier to explain later. Be direct, be fair and keep the conversation going.
Before a manageable concern becomes a contested (or simply complicated) termination, use these tips and seek advice tailored to the circumstances. The Protea(m) is always available to help with performance management, accommodation and the everyday business of managing people. Because even the best cheat sheet cannot anticipate every workplace plot twist.
