13-11 Unsatisfactory Work Performance

Question 1

Work performance standards applicable to members can be found in:

Answer 1

• Service Governance;
• Federal Statutes and associated Regulations;
• Provincial Statutes and associated Regulations; and
• Municipal By-laws and Municipal Codes.

Question 2

Who shall establish work performance standards for any specialized function within each command that
deviates from the prescribed duties for an equally ranked/classified member.
Job descriptions, having regard to the definition of sundry duties, further define the duties and requirements of civilian
employees and shall be included in work performance standards.

Answer 2

Command officers

Question 3

Duty to Accommodate

Answer 3

The Toronto Police Service (Service) values its members and will take measures, short of undue hardship, to ensure that members
who require a workplace accommodation are accommodated in accordance with the Ontario Human Rights Code (Code), the
Community Safety and Policing Act and other relevant legislation. Comply with procedure 08-13 for all accommodation
requirements.

Question 4

Supervisor Responsibility (work performance)

Answer 4

Supervisors are responsible for providing consistent and effective supervision including identifying performance deficiencies
and taking appropriate steps to resolve them in consultation with the member.
Supervisors who maintain memorandum books shall make applicable entries in the memorandum book in regards to any
work performance deficiency issue in compliance with Procedure 13–17.
Supervisors who are not normally required to maintain a memorandum book shall record minor performance deficiencies
on a TPS 649 to be placed in a civilian member’s unit personnel file. A copy shall be provided to the civilian member and
the TPS 649 shall be expunged from the file after two (2) years have passed without further negative performance reports.
In the event that disciplinary action is commenced with regard to a performance report, it shall be appended to the
associated TPS 931 and no additional copies shall be kept in the unit personal file.

Question 5

Examples of work performance issues that may form the basis for a complaint of unsatisfactory work performance include,

Answer 5

• incompetence
• quality of work
• quantity of work
• insubordination
• personal appearance
• engaging in personal activities detrimental to the job
• failure to co–operate
• missed deadlines
• frequent or repetitive errors
• excessive absenteeism or tardiness

Question 6

Special Review

Answer 6

Where a supervisor identifies the performance of a member that is less than satisfactory and the work performance
deficiency cannot be corrected through discussion, guidance or training, the supervisor shall record the deficiency on a
TPS 955.
A Special Review is a two–part process. The initial part involves an interview between the member and the unit commander.
This initial meeting is intended to ensure that management practices or accommodation factors are not the root cause of
the reported deficiency.
Where it is established that a supervisor or manager failed to provide adequate or necessary training or equipment, or failed
to establish or communicate a work performance standard, an internal complaint shall be initiated against the supervisor or
manager in compliance with the applicable procedures in Chapter 13.
The second part of the Special Review will be initiated where it is identified that the work performance deficiency is a
persistent situation attributable to the individual member. A meeting between the unit commander, the assigned supervisor
and the member will be held to
* develop a plan for corrective action
* profile the time frame for improvement
* detail the specific standard to be met
* explain the possible disciplinary ramifications if the standards are not met.
The time frame for a Special Review is ninety (90) calendar days. Additional review periods may be added where the
member has demonstrated an effort to comply, but has not sufficiently met the threshold level, or the supervisor was unable
to fully observe the conduct of the member as a result of injury or illness. The additional review periods will be in increments
of thirty (30) calendar days, to a maximum of ninety (90) calendar days.
No Special Review shall be initiated until the member has received a copy of the specific standard to be met and has been
informed of the disciplinary consequences if the standard is not met.

Question 7

The time frame for a Special Review is

Answer 7

ninety (90) calendar days. Additional review periods may be added where the
member has demonstrated an effort to comply, but has not sufficiently met the threshold level, or the supervisor was unable
to fully observe the conduct of the member as a result of injury or illness. The additional review periods will be in increments
of thirty (30) calendar days, to a maximum of ninety (90) calendar days.

Question 8

The following outcomes are possible at the conclusion of a Special Review:

Answer 8

Member meets standard:
TPS 955 is concluded and placed in the unit personnel file until two (2) full years have passed without further negative
reports.
Member fails to meet standard:
If a member is unable to meet the standard, a TPS 901 will be generated and the internal complaint process will be initiated
in compliance with Procedure 13–03 and 13–09, as applicable.

Question 9

Supervisor -When a member has been identified as having a minor work performance deficiency shall

Answer 9

• meet with the member in private
• provide guidance or instruction targeted at correcting the deficiency
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• continue to monitor the member for compliance
• record the matter in their memorandum book, or on a TPS 649 if not normally required to maintain a memorandum
  book

Question 10

Supervisor - When a work performance deficiency has been identified as persistent and it cannot be rectified through guidance or instruction shall

Answer 10

• generate a TPS 955
• meet with the member in private
• serve the member with a copy of the TPS 955
• forward the TPS 955 to a second–level supervisor
• continue to provide guidance or instruction targeted at correcting the deficiency

Question 11

Supervisor - When assigned to conduct a Special Review shall

Answer 11

• meet with the member in private
• conduct heightened monitoring of the member’s performance
• complete a TPS 956 for each 30–day performance examination period
• continue to provide guidance or instruction targeted at correcting the deficiency
• advise the second–level supervisor throughout the Special Review and provide any recommendations
  – If a member meets the standard threshold during the assessment period, the supervisor shall conclude the examination
  and forward any recommendations to the second–level supervisor.

Question 12

Second-Level Supervisor special review

Answer 12

In addition to completing the applicable duties listed under a supervisor, where a subordinate is involved shall
* review any recommendations/information provided on an existing TPS 955
* meet with the member in private
* record the response given by the member, and/ or provide the member with the opportunity to respond
* attempt to resolve work performance deficiencies through remedial assistance, such as counselling, training or
participation in a program or activity that would improve the member’s performance, as appropriate
* ensure that any management practices or accommodation factors are remedied before processing the matter further
* re–evaluate the performance deficiency when the management practices or accommodation factors have been
resolved, and
− forward the TPS 955 to the unit commander if the performance deficiency is attributable solely to the member, or
− where management practices or accommodation factors are the root cause of the deficiency, provide direction
and guidance to the first level supervisor, as required
7. When detailed to co–ordinate a Special Review shall
* assign sufficient persons with expertise to provide guidance and instruction to the subject member of the Special
Review
* meet with the member and the supervisor to ensure the standards being observed, the plan of action, measurement
means and assessment date have been properly communicated
* advise the Unit Commander when the Special Review should be terminated and/or provide any other
recommendations
8. When advised that the member has satisfactorily progressed towards meeting the standard, or has accomplished the
threshold shall
* make recommendation to extend the assessment period, if applicable
* terminate the review, if applicable
* forward the results/recommendations to the Unit Commander