What can my manager include in my performance assessment?
In accordance with the stated performance objectives, the employer must:
- establish clear and reasonable standards, which must be communicated to staff;
- provide the supervision and training necessary to achieve an acceptable level of performance;
- inform those who fail to meet expectations.
A performance assessment could, for example, indicate an employee’s inability to reach the targeted objectives for reasons under the employee’s control, such as lack of effort, inefficiency, incompetence, and so on.
It cannot contain any reference to information of a private or confidential nature, such as a medical condition or family situation. However, if your manager has adapted your position to accommodate a medical condition or any other prohibited ground of discrimination as stipulated in the Canadian Human Rights Act, thereby eliminating any obstacles to the attainment of the operational objectives, he or she could subsequently indicate a lack of performance in the assessment, where applicable, without mentioning the accommodated ground of discrimination.
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.