Tagline
Lancaster HouseLancaster House On-Line



 
  HomeAbout Lancaster HouseContact UsSite Map
Headlines
E-Bulletins
Lancaster Online Database
Leading Cases Online
Directory of Arbitrators
Books & Services
Conferences
Audio Conferences
Supreme Court Watch
International Labour Law
Labour Ministries, Boards & Tribunals
Links
Legislation
Employment Opportunities

Off the Beaten Track
 

Baldness not a disability, tribunal rules

line

STIRLINGSHIRE, Scotland - James Campbell, 61, a former art teacher at Denny High School in Stirlingshire, Scotland has failed in his bid to prove that he was discriminated against because of his baldness.

Campbell took the Falkirk Council to a Glasgow employment tribunal over the issue, claiming that he had suffered from harassment at the hands of pupils and that his baldness had a "substantial and long term adverse effect" on his ability to do his job.

The former teacher, who retired in 2007, said he avoided corridors in the school where he would meet pupils to avoid them shouting ''baldy."  He added: ''I left school later at night after the bell went to avoid the kids."  Speaking during the hearing, Campbell asked: "How can I stand in front of a class with confidence to get on with my job when I am getting teased and bullied about baldness, when I think they are laughing at me all the time?"

Tribunal judge Robert Gall dismissed the complaint. In his view, the fact that Campbell's baldness was used by others to taunt him did not mean it was a disability under Scotland's Disability Discrimination Act (DDA). "If baldness was to be regarded as an impairment then perhaps a physical feature such as a big nose, big ears or being smaller than average height might of themselves be regarded as an impairment under the DDA," Gall stated. "That, to me, cannot be right."

 

Royalty trashed, employee bashed, management lashed

line

FORT CHAMBLY, Quebec – Micshelle Courtemanche, an employee with Parks Canada who worked on exhibits at a historic site, was recently disciplined for posting a historic quotation on her locker at work. The quotation, taken from the will of an 18th century writer and friend of Voltaire, read: "I should like to see, and this will be the last and most ardent of my desires, I should like to see the last king strangled with the guts of the last priest."

Courtemanche explained that she posted the quotation because she found it humorous, but management was not persuaded. The regional director for historic sites took the position that since priests and kings were authority figures, they stood for management, and the quotation was a violent, even threatening, quote against management. Courtemanche received a one-day disciplinary suspension and was transferred to another historic site, which took her an extra hour to reach from home.

In the end, justice was done. Following a grievance by her union, the Public Service Alliance of Canada, the suspension was rescinded, and Courtemanche was reinstated to her position at Fort Chambly. The adjudicator, Georges Nadeau, commented in his decision: "Management created an incident from nothing … [Courtemanche] never intended to threaten her managers in any way or to challenge authority." In the adjudicator's view, management considered Courtemanche to be a "problem employee" as a result of psychological harassment complaints she had lodged, decided without justification that she should be disciplined, and acted in bad faith in doing so.
 

Work ethic takes a hit in Franklin County

line

PASCO, Wash – Police in Franklin County, Wash., report that a man had his friend shoot him in the shoulder so that he wouldn’t have to go to work.

When he first spoke with sheriff's deputies, Daniel Kuch told them he’d been the victim of a drive-by shooting while he was out jogging. However, detectives told KONA radio that Kuch later acknowledged that he asked a friend to shoot him so that he could get some time off work and avoid a drug test.

The friend has been arrested on charges of reckless endangerment. Kuch is expected to be charged with false reporting. Detectives declined to say where Kuch works, or whether he still has a job.
 

Crushing workload disallowed in Aussie bar

line

PERTH, Australia – An Australian barmaid, Luana De Faveri, was fined 1,000 dollars (US $900 dollars) in the Mandurah Magistrates Court in Western Australia after pleading guilty to two breaches of the Liquor Control Act. De Faveri was accused of hanging spoons on her nipples, as a means of entertaining patrons at the Premier Hotel in Pinjarra, about 80 kilometres south of Perth. She was also alleged to have crushed beer cans between her breasts.

Fines were also imposed on another barmaid who assisted De Faveri and on the bar manager who failed to stop the pair. The fines "send a clear message ... that we will not tolerate this type of behaviour in our licensed premises," said Superintendent David Parkinson of the Peel Police District.
 

Staff denied time off in loo

line

VIENNA, Austria – A baker who required his staff to pay for the time they spent in the washroom has been forced to end the practice to avoid a court case.

The owner of the bakery in Eisenstadt, Austria recorded restroom visits on a computer and reduced the annual holiday bonus by the value of the bathroom time, said Christian Drobits, a lawyer for a former employee who started a legal action.

The former employee took the case to court but the baker ended the practice, and agreed to pay compensation, before the case was scheduled for hearing.
 
Top
© Copyright 2008 Lancaster House. All Rights Reserved.