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

2. Our Discussions Issues and Decisions in Unionized Environment Non-Union Employment Issues Human Rights Issues and Decisions WorkSafe statistics on bullying/harassment

3. 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

4. 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

5. 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 suspension Canadian Pacific Railway

6. Issues and Decisions in Unionized Environment Personal 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

7. Issues and Decisions in Unionized Environment Termination under Last Chance Agreement History of preventable accidents Earlier discipline and termination Termination upheld Toronto Transit Commission

8. Issues and Decisions in Unionized Environment Absent without leave – terminated Purchased alcohol while on duty Intentional misconduct Termination upheld Toronto Transit Commission

9. 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

10. Employment Issues Importance of clear contracts When offers of alternative job(s) will not eliminate liability Shirbigi v. JM Food Services Ltd.

11. Employment Issues Employers have rights too! Obligation to provide notice of resignation Employee’s failure to do so – liability Consbec Inc. v. Walker

12. Human Rights: Family Status BC v. Rest of Canada Test in BC – Campbell River (CA) “Significant interference with family responsibility or obligation”

13. 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

14. 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)

15. WORKSAFE – Bullying & Harassment Between July 1, 2012 – August 31, 2014 5237 Mental disorder claims ‣ 1400 Health Sector ‣ 589 Transportation ‣ 462 Retail

16. WORKSAFE – Bullying & Harassment 5237 Mental Disorder Claims

17. Trends Increasing employer liability Increasing focus on privacy rights in context of employment relationship Pressures for Union participation in traditional management decisions

18. Questions?

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