What are my rights with respect to the contents of my performance assessment?
As a general rule, performance assessments must adhere to the fundamental principles of labour law in that they are required to be fair and equitable, prepared in good faith and free of discrimination. Normally, they must be based on the applicable directives of the department or agency involved, and they must comply with the provisions of the applicable collective agreement.
Jurisprudence also calls for the employer to establish clear and reasonable standards, communicate those standards to employees and provide employees with the training and supervision they need to achieve an acceptable level of performance. Performance assessments must be job-specific, and the employer must notify employees if, in the employer’s view, they fail to meet expectations.
Disclaimer: Material contained in this document is intended for general information purposes only. It is not intended as professional counsel or legal opinion. Any analysis or interpretation contained herein should not be considered to be CAPE’s final analysis or interpretation and is subject to change. It is not binding on CAPE. Every case is highly fact-specific and, as a result, the outcome of any particular case will vary depending on the unique facts and legal issues involved.