Zubas Employment Anchor
Newsletter on Current Legal Issues

Vol. 4 No.1

WORKERS ARE STRESSED OUT

A survey of 1,000 workers by the Angus Reid Group for the Royal Bank, found 65 percent say their job is very or somewhat stressful, while 2 per cent say that they're on the verge of a breakdown.

Canadian workers say they're stressed out working longer and taking more work home - but even then the boss doesn't appreciate them (Sound familiar?)

Results from a recent survey of what causes stress in the Canadian work force:

Too much to do within a period of time (55%)

Balancing work and family (22%)

Pressure to do a good job and get that promotion (14%)

Competing with co-workers and/or colleagues (5%)

The average work week is now 40 hours, up from 38 last year when the first workplace survey was done. Overtime is also up - to 10 hours, compared with 7.6 - and the number of hours Canadians are working at home rose 16 hours a week from 11.

One in three would jump to another company if they could, 18 per cent feel they're in dead-end jobs and the atmosphere at their workplace is depressing, and 11 per cent find their jobs "extremely" boring.

But despite it all, most Canadians say they enjoy their jobs (Typical Canadian!) Eighty-seven per cent of those surveyed say they are satisfied or very satisfied with their job, while only 13 per cent are somewhat or very dissatisfied. (From the Toronto Star)

ON THE LIGHTER SIDE.....

A Canada Post letter carrier exercised his right not to deliver mail to Mr. X's front door because a nest of robins in his porch light fixture created a dangerous work environment. The letter carrier complained about the nesting robin parents going on the offensive when he tried to place mail in the mail chute, said a Canada Post spokesman. "They knocked his hat off - they were attacking him", she said. A postal supervisor called Mr. X to say that his mail would have to be picked up at the post office until the nest was empty. "I've never heard of anyone being scared of a robin", said Mr. A. The problem was solved when the 17 gram chicks eventually left the nest along with their 30 gram parents. (From the Workplace News)

THOU SHALL NOT LIE!

Tom Jakobek's recent woes bring to mind some of my employment law cases where employees were confronted with allegations of dishonesty by their employer.

My advice in situations where employees have lied or have been deceitful has always been to "fess up". An employer is usually willing to give an employee another chance. You can get in worse trouble if you cover up. In those cases the employer has to take a hard look as to whether they can trust you.

Especially in cases where a position is not managerial or does not hold a great deal of responsibility, dismissal for cause will not likely be upheld by a judge.

When in doubt remember Honesty is the Best Policy!

RELATIONSHIPS THAT CONFLICT WITH WORK

Who an employee dates is usually not the business of the employer. But when customers or clients are involved, the rules governing employee conduct become less clear.

If the relationship puts the employer in a vulnerable position or creates a conflict of interest, an employer may have cause for dismissal. The closer the two parties are to making decisions, the more likely there will be a conflict.

In one case a social worker was dismissed with cause because of her relationship with a client of her employer. When the employer found out, the employee was given a choice, end the relationship or lose her job. When she refused, the employer dismissed her without notice.

Both the trial judge and the Court of Appeal found the employee had breached a fundamental condition of her employment by engaging in conduct that might endanger the reputation of her employer. In this case, the potential for prejudice was enough to allow the employer to dismiss for just cause.

Employer and employees should watch relationships:

- where the employee is in a position to offer advice, such as a therapist or psychologist

- where the employee is in a care giving position

- where the employee is in a contract with suppliers, and is in a position to make decisions.

Companies can avoid employee confusion by having a written policy.

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