managing the discontented employee
DESCRIPTION
TRANSCRIPT
OBAMarch 25, 2014
Toronto
Presented by
Stuart E. Rudner
Managing the Discontented Employee
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Intro
I use social media personally & professionally
Know of what I speak Work with clients to proactively deal
with issues and also put out fires
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Why Should We Be Concerned About Misuse?(cont’d)
• Not just “desktop issue”– Laptops– iPads– Smartphones
• 24/7
• On duty
• Off duty
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“Cyberslacking”
• Staff with FaceBook open all day
• Hours & hours online
• Talking and texting on personal cell phone while at work
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FaceBook post:
“have to work this weekend because our new
products failed initial tests”
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• Lougheed Imports Ltd (West Coast Mazda) v. UFCS Local 1518 (2010)– employees fired for postings on Facebook– posting included homophobic slurs and threats
online against bosses – “don't spend your money at West Coast Mazda
as they are crooks out to hose you and the shop ripped off a bunch of people I know”
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Recent Incidents
Mr. Lube employee: “Any dealers in Vaughan wanna make a 20sac chop? Come to Keele/Langstaff Mr. Lube, need a spliff or two to help me last this open to close.”
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Setting clear Rules
• 24 pictures of “sunshine girls” – “ Although the nature of the pictures are
offensive to a segment of society and may be offensive to some fellow employees… without attempting to attach a label to these pictures it [is] sufficient to say that for the purpose of this arbitration they are not as labeled by the Employer…. “pornographic, sexually explicit pictures”…”
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Dismissals for Just Cause
Capital Punishment of Employment Law Employer must prove:
1. that the alleged misconduct took place, and
2. that the nature or degree of misconduct warranted dismissal, bearing in mind all relevant circumstances
Proportionality is guiding principle – “punishment must fit the crime”
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The Contextual Approach
Employer must consider all circumstances, not just alleged misconduct– Length of service– Disciplinary history– Nature of position
No absolute rules Same set of facts can yield different
results
Can you Discipline for Off-Duty Conduct?
Generally, what you do on your time is your business
Unless– The conduct renders the employee unable to
perform his duties satisfactorily.– The conduct interferes with the efficient
management of the operation or workforce.– The conduct leads to a refusal or reluctance of other
employees to work with him.– The conduct harms the general reputation of the
Employer, its product or its employees.
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Privacy issues
General recognition of employer right to monitor usage
Corporate email or otherwise Searching company-owned equipment Cole and other decisions Have a policy Include statement in contract: don’t put it
on our system if you don’t want us to see it
Employment Agreements
Basic Checklist (cont’d):– Hours of work– Vacation / holidays– Dress code– Conflict of interest– Expenses– Social Media
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Stuart E. Rudner
647.255.3100www.rudnermacdonald.com
Twitter: @CanadianHRLawLinkedIn: Connect with me, join the Canadian HR Law Group and visit the
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