Situations, Issues, & Learning Points

Situation 1- an employee has been hurt and damage has been done to production as a result of an unsafe action

Key points:

• employee is long-term with a good record

• employee belongs to a union

Issue: What disciplinary action should be taken? Who should be involved?

Learning points:

• always ensure the safety of the employee first

• always involve a union representative in the investigation for union employees

• discipline the employee to show due diligence

• file a report with appropriate regulatory authorities

Situation 2 – a minority employee is breaking a rule and claiming he is being discriminated against if disciplined

Key points:

• the supervisor has met with the employee

• the unwanted action is still taking place

Issue: Can we discipline the employee without the employee successfully filing a Human Rights claim?

Learning points:

• make sure an investigation is done to substantiate any false claims

• don't involve the whole team unless the investigation shows the practice is wide spread

Situation 3 - employees are telling off-color jokes but nobody's complained.

Issue: do you approach the individuals or the company, as a whole?

Learning points:

• since there was a group of people involved, it is better to address the whole company

• you need to get buy-in from the top. Start with the leader.

Situation 4 – an employee on STD was denied LTD and wishes to return to work on a PT basis

Key points:

• the company has not facilitated PT work requests in the past due to legitimate operational reasons

Issue: does the company need to accommodate the employee's request?

Learning points:

• the organization has a responsibility to investigate the possibility of accommodation without undue hardship

Situation 5 - a candidate a filed a complaint based on the decision that she was not hired because of her lack of typing skills despite it not being a requirement

Issue: is the employer justified in its hiring decision?

Learning points:

• there must be a bona fide occupational requirement for candidates to function successfully in areas being tested