You are the HR manager of a large manufacturing company which employs both unionized and non-unionized employees. You have a non-unionized employee, Edith, who has worked for the company for six and a half (6.5) years as an administrative assistant. Edith advises you that she is pregnant, with a due date five months away. She also advises you that she feels she is being bullied by one of her work colleagues, Christopher. You assure her that you will deal with the alleged bullying, however, the next day Edith hands you a note from her physician that states "Edith will be off work for several weeks due to work-related anxiety."
While Edith is off on leave, you receive reports from her supervisor that numerous deficiencies have been discovered with her work. As a result, the CEO of the company advises you that she does not wish Edith to return to work. She wants Edith's employment terminated immediately. Beyond the performance issues, one reason cited for the proposed termination is that two months prior, Edith missed a day of work to take her father to the hospital following a minor car accident.
1. What legislation (statutes) should be considered in evaluating the above scenario and why?
2. What should the company do about Edith's allegations of bullying?
3. What specific concerns do you have about the proposed termination of Edith's employment? Do you support the proposed termination?
4. If you proceed with the termination of Edith's employment, what total notice period of weeks or months (provide a specific number) do you believe she is entitled to at common law?
5. What factors do you consider (the courts would also consider these factors) in reaching your answer?
6. What termination pay (or pay in lieu of notice) is she entitled to under the Employment Standards Act?
7. Is she entitled to severance pay - why or why not?
8. Can you rely on the day of missed work when Edith took her father to the hospital to support your decision to terminate her employment? Why or why not?
9. The CEO relents slightly and suggests that Edith should instead be demoted immediately to an entry level position until her pregnancy and parental leave commences. In your opinion would this be appropriate? Why or why not?
10. Following termination, if Edith intends to bring a wrongful dismissal action through the courts against her former employer, what must Edith do as soon as she loses her job? What is her duty?
Change In Fact Scenario
Assume Edith is a unionized worker and that all other facts remain consistent.
11. Name the document that governs Edith's relationship with her employer.
12. Edith is terminated while on her medical leave. She calls her union representative, requesting that he file a grievance on her behalf, however, the union rep simply refuses to do so. What recourse does Edith have regarding her union's refusal to proceed with the requested grievance?
13. Assume the union does proceed with a grievance. Explain briefly what process it will follow from beginning to end (what are the stages?).