Canadian Safety Reporter - sample

CSR-April2019

Focuses on occupational health and safety issues at a strategic level. Designed for employers, HR managers and OHS professionals, it features news, case studies on best practices and practical tips to ensure the safest possible working environment.

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April 2019 | News Medical note recommended a regular, steady shift WEBINARS Interested in learning more about safety and HR issues directly from the experts? Check out the Canada Professional Development Centre's live and on-demand webinars discussing topics such as Ontario's sexual violence and harassment plan act, chemicals in the workplace, and fall protection. Visit www.cpdcentre.ca/cos for more information. Khan was told to report to work for the night shift on May 11, but he didn't show up. On May 16, he was suspended for five days for continuing his in- subordinate behaviour and un- supported absences. The sus- pension letter warned he would be terminated for any further incidents. Khan didn't report for his first scheduled shift after the suspen- sion on May 23 and didn't call in his absence. Nestle then termi- nated his employment. Negative impact on business The arbitrator noted Khan didn't raise any medical reasons at the initial suspension meeting as an explanation for his absences or at any time before the grievance meeting to discuss the suspen- sion. With no explanation for the absences and his refusal to attend work as directed — which was insubordination — Khan presented "a direct challenge to the employer's ability to oper- ate its business." Nestle had just cause to impose a three-day sus- pension, the arbitrator said. The arbitrator found that Nestle was entitled to "reach the conclusion that moving (Khan) to the night shift did not conflict with his medical restrictions," as the medical note it already had didn't support Khan's claim. Since Khan continued to insist he was incapable of working the night shift, the onus was on him to provide medical information supporting his case — which Nestle afforded him the oppor- tunity to do by providing another form for his doctor to complete. Khan didn't provide any more medical information, so Nestle could stick with its conclusion, said the arbitrator. The arbitrator also found Nestle followed the principles of progressive discipline — a suspension followed by a more severe suspension followed by termination, with warnings ac- companying each suspension. Khan didn't change his conduct in any way at each of these stages and ought to have known his job was in jeopardy. "When (Khan) received the five-day suspension, he was cautioned that failure to report for the shift (at the end of his suspension) would result in his employment being terminated. He ignored that warning," the arbitrator said. The arbitrator found Khan knew what he was doing when he refused to report to work for the night shift and then stopped working completely. This had a negative impact on Nestle, which had to find replacements for him, and the other employ- ees, who were required to work additional hours. Khan's insubordinate refusal to accept the shift change, his unsupported absences, and dis- respectful conduct showed it was unlikely he would change his ways and gave Nestle just cause to terminate his employment, the arbitrator said in dismissing the grievance. For more information see: • Unifor, Local 252 and Nestle Canada Inc. (Khan), Re, 2019 CarswellOnt 345 (Ont. Arb.). Lights out < pg. 6 ©2019 Thomson Reuters Canada Ltd ISBN/ISSN: 978-0-7798-2810-4 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, photocopying, recording or otherwise without the written permission of the publisher (Thomson Reuters, Media Solutions, Canada). Canadian Safety Reporter is part of the Canadian HR Reporter group of publications: • Canadian HR Reporter — www.hrreporter.com • Canadian Occupational Safety magazine — www.cos-mag.com • Canadian Payroll Reporter — www.payroll-reporter.com • Canadian Employment Law Today — www.employmentlawtoday.com • Canadian Labour Reporter — www.labour-reporter.com • Canadian Safety Reporter — www.safety-reporter.com Safety Reporter Canadian www.safety-reporter.com Published 12 times a year by Thomson Reuters Canada Ltd. Subscription rate: $139 per year Customer Service Tel: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) E-mail: customersupport.legaltaxcanada@tr.com Website: www.safety-reporter.com One Corporate Plaza 2075 Kennedy Road Toronto, Ontario, Canada M1T 3V4 Director, Media Solutions, Canada Karen Lorimer Publisher/Editor-in-Chief Todd Humber Lead Editor Jeffrey R. Smith Marketing & Audience Development Manager Robert Symes rob.symes@tr.com (416) 649-9551 Circulation Co-ordinator Keith Fulford keith.fulford@tr.com (416) 649-9585 Sales Manager Paul Burton paul.burton@tr.com (416) 649-9928 The employee presented 'a direct challenge to the employer's ability to operate its business.'

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