March 2019 | News
Standard probationary period in collective agreement
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.
time the fall term began in Sep-
tember. He sent a series of long
emails to administrators ex-
pressing his displeasure, includ-
ing calling a suggestion that he
focus on the ABE program as a
"veiled threat of retribution."
The faculty dean learned of the
emails and determined Krausz
wasn't going to change his ways.
On Sept. 1, 2016, the university
terminated his employment as a
probationary employee, saying it
had decided he was unsuitable
for the position.
Krausz disputed that he was
a probationary employee, as he
claimed the dean had told him
he was no longer on probation.
The union filed a grievance of
the dismissal on this basis and
also argued that even if Krausz
was still on probation, the uni-
versity didn't have cause to dis-
miss even a probationary em-
ployee as it failed to warn Krausz
that his job was in jeopardy and
the letter of expectation was
non-disciplinary.
University determined
employee was unsuitable
The arbitrator didn't believe
Krausz's assertion that the fac-
ulty dean had told him after re-
ceiving the letter of expectation
that his probationary period was
over. The collective agreement
expressly provided for a one-
year probationary period, which
meant Krausz's went to Septem-
ber 2016 — three months later.
In addition, the union chair who
attended the meeting didn't note
that any such claim was made
and there was no documenta-
tion or correspondence that
indicated that was the case. As
a result, Krausz had not passed
his probation and wasn't subject
to the just-cause protection of a
regular employee under the col-
lective agreement, said the arbi-
trator.
The arbitrator also found that
collaboration was important
between the staff in the Powell
River ABE program, as it was
small and resources were shared.
"Communication and collegi-
ality was critical" and well-es-
tablished, but Krausz's conduct
towards the instructors and
other staff damaged workplace
relationships and caused poten-
tial problems with the program,
which was a consideration in the
decision to terminate his em-
ployment. In addition, Krausz
sought to deflect responsibil-
ity from himself for the damage,
even though he "was at the epi-
centre of these problematic rela-
tionships," the arbitrator said.
As for the letter of expecta-
tion, while it wasn't disciplin-
ary in nature, it outlined what
was expected of Krausz in his
role and outlined examples of
objectionable conduct — such
as derisive or dismissive com-
ments, questioning the value of
staff contributions, and lengthy
emails — but Krausz continued
to display such behaviour fol-
lowing the letter. This gave the
university enough reason to de-
termine he wasn't suitable for
employment and to dismiss him,
said the arbitrator.
"(Krausz) was being told his
communications with others
was not satisfactory and he was
basically being told to change his
behaviour," the arbitrator said
in dismissing the grievance and
upholding Krausz's dismissal.
"If (Krausz) concluded that this
did not constitute a caution to
the effect that his continued
employment was under threat if
he chose not to comply with the
direction given, he did so at his
own peril."
For more information see:
• Vancouver Island University
and BCGEU (Krausz), Re,
2018 CarswellBC 3527 (B.C.
Arb.).
Disrespectful < 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
