management and labour relations adriana f. wills april 28, 2015
TRANSCRIPT
Our DiscussionsIssues and Decisions in Unionized Environment
• Non-Union Employment Issues
• Human Rights Issues and Decisions
• WorkSafe statistics on bullying/harassment
Issues and Decisions in Unionized Environment
• Work Performance/Carelessness without safety implications
Canadian Pacific Railway -and- RCTC
• Work Performance with safety implications (cell phone use)
BFI Canada Inc. -and- TC, Local 362
Issues and Decisions in Unionized Environment
• Long term employee; history of preventable accidents, failure to conduct pre-trip inspection and 3-day suspension; used cell phone while driving at gas station
• Employee sought to excuse misconduct• Termination appropriate as a professional driver
held to high standard and employer properly followed progression discipline.
BFI Canada Inc. and TC, Local 362
Issues and Decisions in Unionized Environment
Post-Incident Substance Testing – when appropriate?• Grievor slammed on brakes, slid on ice and rear-ended
vehicle;
• Post-Incident Accident Policy specified that substance
testing followed “significant” event;
• Incident not significant; no reasonable grounds to believe
that alcohol/drug use was a contributing factor; warning to
replace suspensionCanadian Pacific Railway
Issues and Decisions in Unionized EnvironmentPersonal Appearance – Failure to comply with dress code policy• Grievor wore jeans contrary to policy; history of policy
violations• Grievor’s explanation of mistake not credible and letter of
reprimand upheld• Grievor then terminated for horseplay (use of Pop-Its in
the workplace)• Termination upheld
ICBC/COPE
Issues and Decisions in Unionized Environment
Termination under Last Chance Agreement• History of preventable accidents• Earlier discipline and termination• Termination upheld
Toronto Transit Commission
Issues and Decisions in Unionized Environment
Absent without leave – terminated• Purchased alcohol while on duty• Intentional misconduct• Termination upheld
Toronto Transit Commission
Employment Issues
• Importance of clear policies• Honesty still the cornerstone of
employment relationship
Steel v. Coast Capital Savings
Roe v. BC Ferry Services
Kim v. International Triathlon Union
Employment Issues
• Importance of clear contracts• When offers of alternative job(s) will not
eliminate liability
Shirbigi v. JM Food Services Ltd.
Employment Issues
• Employers have rights too!• Obligation to provide notice of resignation• Employee’s failure to do so – liability
Consbec Inc. v. Walker
Human Rights: Family Status
BC v. Rest of Canada• Test in BC – Campbell River (CA)• “Significant interference with family
responsibility or obligation”
Human Rights: Family Status
Rest of Canada: Canada (AG) v. Johnstone
Discrimination – Family Status• Child is under the claimant’s care and supervision• An obligation to the child which engages the
individual’s legal responsibility as opposed to personal choice
• Reasonable effort for alternative arrangements• Impugned workplace rules unduly interfere
Human Rights – Increasing Liabilities• Damages under HRC• Compensatory – wages, benefits,
expenses• General Damages – injury to dignity,
feelings and self-respect
PN v. FR and Another (2015)
WORKSAFE – Bullying & Harassment
• Between July 1, 2012 – August 31, 2014• 5237 Mental disorder claims
‣ 1400 Health Sector‣ 589 Transportation‣ 462 Retail
WORKSAFE – Bullying & Harassment
5237 Mental Disorder Claims
63%
27%
10%Against Manage-mentAgainst Co-worker
Against "other"
5237 Mental Disorder Claims
69%
31%
FemalesMales
Trends
Increasing employer liability
Increasing focus on privacy rights in context of employment relationship
Pressures for Union participation in traditional management decisions