Canadian Employment Law Today | 3
Canadian HR Reporter, a Thomson Reuters business 2017
Cases and Trends
Workplace offences
of the olfactory senses
Poor employee hygiene can present workplace risks, but a tricky subject to broach
BY ASHLEY BROWN
IDEALLY, workplace misconduct is dealt
with swiftly and decisively through an es-
tablished disciplinary process. However,
when the source of the offence is not a work-
er's conduct but personal hygiene, what re-
course does an employer have?
Matters involving personal hygiene can
present health, safety, and other workplace
risks, and take a toll on employee relations
and workplace morale. A worker who exhib-
its poor personal hygiene in the context of a
food processing facility not only risks public
health but an employer's brand and reputa-
tion. A healthcare worker who fails to main-
tain personal hygiene can cause disastrous
— even fatal — consequences for patients
under his care. Personal hygeine can also
trigger an employer's accommodation obli-
gations under human rights legislation — for
example, where a worker suffers from a dis-
ability that causes unpleasant body odour.
Given the discomfort broaching the sub-
ject and concerns about human rights liti-
gation, it's no wonder many employers are
fraught with anxiety about how to navigate
body odour issues in the workplace.
Two helpful decisions
e following decisions show us that per-
sonal hygiene can and should be treated like
any other issue related to health, safety or
the breach of a workplace policy.
In Southwell v. CKF, CKF, a manufacturer
of food packaging products, received com-
plaints from employees that a co-worker,
Southwell, disregarded the company's sani-
tation protocols by spitting on the plant
floor, blowing on product that was to be
packaged, having offensive body odour, and
failing to excuse himself before passing gas.
CKF advised Southwell his conduct was
unacceptable and gave him the opportunity
to disclose any medical condition that may
have contributed to his workplace behav-
iour. Southwell reported nothing.
roughout the next couple of months
Southwell's personal hygiene improved.
However, he continued to exhibit subpar
performance and an inability to follow in-
POOR HYGIENE on page 7 »
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