Worker Rights?
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Thread: Worker Rights?

  1. #1
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    Worker Rights?

    Not sure what to think... but I am sure many here will have an opinion...:

    http://www.theglobeandmail.com/news/...rticle4710456/

    A grocery store in Victoria broke the human-rights code by firing a depressed employee, says B.C.’s Human Rights Tribunal.

    The tribunal ruled Friday that Thrifty Foods discriminated against Sharon Mackenzie when it dismissed her for behaviour including mood swings and irritability with her managers.

    “Thrifty’s had a duty to inquire into whether the behaviour exhibited by Ms. Mackenzie was due to her mental disability and whether she required any accommodation,” tribunal member Catherine McCreary wrote in the ruling.

    Ms. Mackenzie began working for the store’s floral department in 2001. She was terminated in fall 2009, and filed a complaint with the tribunal in April, 2010.

    The ruling says the woman suffered depression most of her life, and was treated with medication and cognitive therapy.

    The store told the tribunal it dismissed the woman because she was curt and abrupt with co-workers and management, was considered to be gossipy and manipulative, and she refused to take responsibility for such behaviour.

    Ms. Mackenzie reported being able to manage her life outside the workplace, with most of the stressors occurring at the store.

    “It is the employer’s responsibility to obtain relevant information about the employee’s current medical condition, prognosis for recovery, ability to perform job duties and capabilities for alternate work,” Ms. McCreary wrote.

    The tribunal found that Thrifty’s and a store manager, Lisa Trotter, knew Ms. Mackenzie suffered from depression and was taking medication as treatment.

    Ms. Trotter reported that Ms. Mackenzie was sometimes “tearful” in meetings, but said she did not find this unusual because “she experienced many employees crying during her interactions with them.”

    Ms. Mackenzie left work on “stress leave” for two months in summer 2009. She was fired several months later.

    The tribunal has ordered the store to pay Ms. Mackenzie more than $17,600 for lost wages and $5,000 for injury to dignity.

    It has also been ordered to refrain from committing the same discriminatory act in the future.

  2. #2
    Registered User Array Steve G.'s Avatar
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    This human right tribunal is a kangeroo court that should be shut down, or simply ignored by everyone.

  3. #3
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    Yah, no. But here, her behavior was totally inconsistent with aspects of her job related to customer service. Opens a can of worms. Perhaps if the employer had moved her to the stockroom?

  4. #4
    Registered User Array dexter302's Avatar
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    Quote Originally Posted by dasein View Post
    Yah, no. But here, her behavior was totally inconsistent with aspects of her job related to customer service. Opens a can of worms. Perhaps if the employer had moved her to the stockroom?
    I agree here... but why is the store manager used to staff crying during interactions with her?????
    And why did the employee stay for soooo long if she says she was able to manage outside of the store and most of her stressors
    came from the store????,, Isn't that a sign to GTFO and seek employment somewhere else????

  5. #5
    From N00bie to Wannabe Array FASTn50's Avatar
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    The store tried to dismiss her with just cause rather than paying out her severance. They kept her around for 8 years. they gambled and lost.
    I'm a business owner. I have 3 months to decide if you are fit to do the work you were hired for. At some point I have to take responsibility for who I hired. If my opinion changes later then I have a decision to make knowing there is a price to be paid. Trying to rid yourself of an employee without legitimate just cause is not fair to an employee or their family. It shouldn't be a decision taken lightly or underhandedly. Personality conflicts and medical contortions are not just cause in my opinion or that of the regulations. The solution in those cases is dismissal with severance as set out in the regulations.
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  6. #6
    Three hour tour guide Array silverD's Avatar
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    Where I work now no one has been hired on as staff for a couple years. New folks are through a temp agency, if you no longer need or want them, no fuss no muss they're gone the next day. Some have been with us for over a year but they're not employees of the company. I think I was the last permanent actual hire in to the company. It's sad as these temps are great folks but no benefits no security no nothing, but it's good for the company I guess.


    Place I was at before did that a bit as well, seems to be a trend I'm thinking.
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  7. #7
    Registered User Array Jester666's Avatar
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    My last job I was 'layed off' 5 days after a new (cheaper) employee was hired...to do my job
    to add insult to injury, i was tasked to train him.
    then Friday rolls around and 'thank you, good by'
    2 months after my baby was born no less.

    it seems like workers 'rights' are arbitrary, at least in smaller businesses.

    before that, i worked in a well known bicycle store in New West.
    that place is a never ending revolving door.
    every 12month period you are guaranteed to see 80% new faces. sometimes more.

  8. #8
    Registered User Array Fanny Bay R1's Avatar
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    Quote Originally Posted by dasein View Post
    Yah, no. But here, her behavior was totally inconsistent with aspects of her job related to customer service. Opens a can of worms. Perhaps if the employer had moved her to the stockroom?
    Ridiculous - she should be fired!! Those tribunals are ludicrous!!
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  9. #9
    Registered User Array CanadianBird's Avatar
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    If Kevin O'Leary had his way he'd outlaw unions and take the Jim Paterson approach to staff. At the end of each month the lowest sales gets fired. Contracting out is the way it is now in the private sector. I suppose it's worker's rights vs employer's rights. It's a fine line sometimes.
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  10. #10
    backslider Array K-rod's Avatar
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    what next ... hire suicide bombers, so as to not descriminate against their sensibilities

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