Canadian Safety Reporter

6 Canadian HR Reporter, a Thomson Reuters business 2019 March 2019 | News Harassing, disrespectful conduct reason enough to fire probationary employee Failure to follow expectations outlined in non-disciplinary letter a good reason to determine unsuitability for university instructor on probation BY JEFFREY R. SMITH AN ARBITRATOR has upheld the firing of a British Columbia university staff member who re- ceived a non-disciplinary letter that outlined how he shouldn't conduct himself while still on his probationary period. Robert Krausz was an instruc- tor in adult basic education (ABE) — high school equiva- lency courses for adults need- ing prerequisites for admission to university or college — since 1997 and also worked as a tutor and curriculum developer in Canada and New Zealand. In September 2015, he was hired for a part-time appointment as an ABE instructor by Vancouver Island University at its campus in Nanaimo, B.C. According to the collective agreement, such positions had a one-year proba- tionary period that could be ex- tended an additional six months if required. In November 2015, the uni- versity posted an opening for the position of ABE chair at its cam- pus in Powell River, B.C., which oversees ABE courses there. Krausz successfully applied for the position and began work- ing in the role in January 2016, which put him up to the equiva- lent of full-time employment. Soon after assuming the ABE chair responsibilities in Powell River, Krausz began planning for the 2016 fall term. Normally, scheduling the ABE program at the campus was a collaborative process with the four instructors in the department — many had other teaching commitments — but Krausz developed the 2016 schedule on his own. A long- time instructor at the campus, Zora Soprovich — who had been there for 25 years — had a con- flict with her teaching schedule as a faculty association instruc- tor as well as her schedule shar- ing a car with her spouse. She also felt the time slot for ABE courses proposed by Krausz wasn't convenient for students who had children. Soprovich suggested alter- natives to Krausz's proposed schedule, but Krausz ignored her and submitted a final draft of the schedule on March 31, 2016, that had further changed from the previous draft and didn't ad- dress her concerns. Soprovich had also taken ex- ception to an email Krausz had sent to the faculty dean and oth- ers requesting budget informa- tion that stated he had "unani- mous agreement and support from my entire instructor team." Soprovich didn't support him and she believed several others didn't either. The matter went to the Pow- ell River campus administra- tor, who agreed the class times would be a problem for students with school-aged children. The administrator proposed a sched- ule with staggered start-and- stop times, but Krausz rejected it, saying his schedule should be given a chance as it allowed stu- dents who work in the day a bet- ter chance of attending. The dispute went to the fac- ulty dean, who resolved it by allowing Soprovich to have her afternoon classes end ear- lier. However, the incident and Krausz's behaviour affected So- provich's performance at work and she spoke with an HR repre- sentative regarding concerns of workplace bullying. More complaints Soon after Soprovich's com- plaint, the HR department re- ceived an informal complaint from the campus education counsellor, Curtis Colegrave. Colegrave had come into con- flict with Krausz over adding university-level math and sci- ence courses to boost enrol- ment. Colegrave said Krausz was angry at his opposition and made a comment at a meeting that senior staff at the Nanaimo campus were asking how many staff were working in Powell River given the low enrolment. Krausz also persisted with the is- sue when it had already been de- cided by the majority not to add courses at that time. The faculty dean heard other complaints about Krausz re- garding how he treated people, including acting "rude and con- descending" towards the Pow- ell River campus administrator, reducing staff members to tears and acting disrespectful towards colleagues. In June 2016, the HR depart- ment recommended termina- tion of Krausz's employment, but the faculty dean decided to give him a letter of expectation indicating he needed to change his behaviour and communica- tion style. The letter — dated June 3 — listed several instances of inappropriate verbal commu- nication with and treatment of co-workers — including long, drawn-out emails — and to fol- low the university's respect- ful workplace and harassment policies. Krausz later testified he asked the dean what impact the letter would have on his pro- bationary period, but the dean replied he had already passed probation. The dean had no rec- ollection of telling Krausz his probation was over. Krausz stepped down from his position as ABE chair, but was given the role of curricu- lum developer. He continued his campaign to add university- level math and science courses in August, but he didn't receive support because there wasn't enough time to add them by the Credit: Shutterstock/wk1003mike Standard > pg. 8 The university received multiple complaints about the employee's 'rude and condescending' treatment of colleagues

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