Wednesday, October 14, 2009
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, October 19, 3:30 p.m. – 5:00 p.m. EDT

Michael Lynk

Arbitrator/Mediator

Lorenzo Lisi

Employer Counsel
Sherrard Kuzz

Elizabeth McIntyre

Union Counsel
Cavalluzzo Hayes Shilton McIntyre & Cornish

ISSUES:

While most workers make a valuable contribution to the workplace, everyone is familiar with the employee who makes life difficult for co-workers.  This session provides legal, as well as practical, guidance for both employers and unions on how to deal with employees who are disruptive, trigger morale problems among the staff and cause grief for employers and other employees alike. Topics to be addressed include:

• Optimizing the probationary period: How should employers use the probationary period effectively to assess employees? What steps should be taken to communicate expectations, monitor performance and correct shortcomings? What entitlement does a probationary employee have to feedback on his or her work performance? 
• Engaging the difficult employee: What is the best approach to follow in encouraging positive job performance and workplace behaviour? What should the employer do if it suspects that an employee is wasting time or wasting the time of co-workers? How should the union and/or the employer deal with an employee's assertion that allegations of poor performance are a pretext designed to disguise discrimination? How can employers and unions work co-operatively in dealing with a difficult worker? Can there be co-operation without violating the worker's right to union representation?  
• Pre-discharge procedures: What steps must employers take prior to dismissing a difficult employee? When will disruptive behaviour justify discharge or demotion? At what stage is union representation required?
• Responding to insubordination: What is the most effective approach to a worker who won't respect workplace norms or continually challenges the authority of a supervisor? In what circumstances is discipline appropriate? When should the union become involved? What is meant by the "work now, grieve later" rule, and what exceptions have been recognized by arbitrators?
• Dealing with bullies, harassers, and bigots: When does employee conduct cross the line from annoying to unacceptable? What measures can be taken to modify the behaviour of employees who are abusive? How can the damage they cause to co-workers be remedied? Should antagonists be separated from complainants? What kinds of disciplinary sanctions are appropriate for oppressive conduct and what will be considered excessive? At what point is discharge justified?
• Distinguishing the difficult employee from the mentally ill employee: How can employers distinguish employees with a difficult personality from employees with mental health issues? How should one approach an employee with mental health issues?
• Balancing member rights: How does the union reconcile the right of a difficult worker to union representation with the rights of co-workers who are adversely affected by the difficult worker's behaviour? When should the union hire independent counsel to represent a grievor?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.