Diane is an administrator for a medium sized insurance brokers in Kitchener, Ontario. She has a very good record at work. All three of their annual performance reports on the expectations. The quality of their work was never an issue, nor will their attendance, punctuality and attitude.
About three weeks ago, a new Vice President of Operations has been discontinued. Very shortly thereafter, a memo was sent to all employees announcing the tests, and structural changes will help to reduce costs, and whether theFinancial storm. A few wondered if this was a warning to dismissal. Diane was not affected.
On Friday, Diane went to work as usual. Clock at 10.30, she was asked by her boss to meet with her in the conference room. At 11:00 Clock Diane entered a conference room to see with her boss, the new Vice President of Operations. and the HR manager. GULP.
Diane sat down and was the VP of Operations, said that discovered as part of their examination, they that Diane had used the work computer to send and receivepersonal e-mail. This was a violation of the network usage policy. As a result, it is immediately terminated with cause. Manager Diane looked at her with a compassionate sorry.
The HR manager escorted them to their desk to hand over their last payment and from 11:18 Diane sat in her car, and then she burst into tears. What the hell is happening? Was this legal? Here we will look at when you are dismissed for breaking a policy.
Labor is an extension of contract law. You agreeWork for your employer, under certain rules, and they agree to pay. The amount of the payments, and the rules are part of the contract. But what about the policy, they are part of the rules?
Policies can make a part of the rules, and therefore can be fired for breaking them. However, just because there is a policy that does not mean that you are for breaking them can be fired. In order to break for a policy to be released a few things happen.
The first thing is that the policy must be part of yourEmployment contract. As part of your employment contract, the approval of the policy must be:
a) Clear
b) Published
c) Force uniform
d) not against the law
The most common problem for an employer to try to stop us to a policy is ...
c) Force uniform.
It is quite common for companies to say a policy not to use for personal purposes. However, very few companies enforce it. How long was the policy in place before it be enforced? Is there aproper method for determining a violation?
In the case of an insurance broker if the VP wanted to revive this policy would be the right thing to do in order to inform everyone that this policy will be enforced started. The general accepted practice of using the network for personal use is no longer acceptable.
They did not. For all that had the VP, she tried to freely use this policy to "get out of jail" card. Fire for a reason, and not liable forwrongful termination. Well, it does not work. Based on the facts that we see here, there is a serious case for a claim for unfair dismissal.
A few other things when they are following a policy
i) Are the consequences are clear
ii) Is the policy in line with other aspects of the work
iii) If the enforcement in accordance with their disciplinary procedures
iv) Is an attempt to go around the policy specific laws, such as confidentiality, discrimination, etc.
Sowhen you are in the unfortunate event, such as Diane, you make a scene. Ask exactly why you were terminated, under what policy you have been terminated in the frame. Be polite, be specific.
In addition, you should seriously consider in a conversation with a local employment policy attorney. In Ontario, you can call the Lawyer Referral Service, run by the Law Society of Upper Canada.
1-900-565-4LRS.
It costs $ 6 and you will receive a 30-minute conversation with an attorney to obtainin your area, with the specialty for $ 6.
Before you are in this position, make sure you have a copy of company policy, and read them. Understanding how they do the job. Understanding how they are enforced. The main ...
Familiarize yourself with the discipline of your RULES company.
That is, you learn what the process for warnings, probation and termination. Know the process, in the unlikely event that you are trapped in it.
Knowledge isProtection and Diane, you call the 1-900 number above and ask for an employment lawyer in the KW area. She certainly has no reason to challenge.
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