Management and Labour Relations Adriana F. Wills April 28, 2015.

Management and Labour RelationsAdriana F. Wills

April 28, 2015

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


• 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


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


Termination under Last Chance Agreement• History of preventable accidents• Earlier discipline and termination• Termination upheld

Toronto Transit Commission


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

Questions?

Management and Labour RelationsAdriana F. Wills

April 28, 2015

Management and Labour Relations Adriana F. Wills April 28, 2015.

Documents

Transcript of Management and Labour Relations Adriana F. Wills April 28, 2015.