Posted: May 18th, 2017

Bill, Data Masters’ operations manager, has heard that with the layoffs and Evan’s termination, employees are worried about their futures with the company. Bill heard a rumour that Kim, an accounting clerk who occasionally works with the data service department at Dundas Square, contacted a trade union to see if it could provide the laid-off workers with some protection from losing their jobs. Kim has been asking co-workers during lunch if they would be interested in joining the union. Kim is an excellent employee, with no discipline on her file, although she showed up for work 10 minutes late a couple of days ago because of car trouble. Bill is concerned that a trade union will organize the employees. He would like to terminate Kim’s employment for cause. He asks Tristan, the HR director, for advice. What should Tristan advise Bill about his plan?

Bill, Data Masters’ operations manager, has heard that with the layoffs and Evan’s termination, employees are worried about their futures with the company. Bill heard a rumour that Kim, an accounting clerk who occasionally works with the data service department at Dundas Square, contacted a trade union to see if it could provide the laid-off workers with some protection from losing their jobs. Kim has been asking co-workers during lunch if they would be interested in joining the union. Kim is an excellent employee, with no discipline on her file, although she showed up for work 10 minutes late a couple of days ago because of car trouble. Bill is concerned that a trade union will organize the employees. He would like to terminate Kim’s employment for cause. He asks Tristan, the HR director, for advice. What should Tristan advise Bill about his plan? a. Given that Kim works closely with the data service department, Bill should take the position that her termination falls under the restructuring of the department and would be justified. b. Kim should be terminated without cause and the company should argue that being 10 minutes late is a breach of policy and justified the termination (albeit without just cause). c. If any part of the decision to terminate Kim is based on her having spoken with a union and asking employees to join the union, this would be an unfair labour practice under the Labour Relations Act, 1995.