How long should we keep disciplinary documents in an employee’s HR file (we’re in Saskatchewan)?
For as long as the employment lasts + 12 months after that.
The disciplinary record is crucial documentation that you may need to rely on to defend the action and/or justify further discipline under your progressive discipline policy. One possible exception is where the collective agreement requires you to get rid of an employee’s disciplinary files after a pre-determined period. Unions may negotiate for such a provision so as to render an employee’s slate clean after a specific amount of time.
Keep the records for at least 12 months after the employment ends. That’s the statute of limitations for bringing an employment standards claim under (Sec. 2-89 of) the Saskatchewan Employment Act).