CANSCOTT

Building on the foundation laid in Module 1, participants in module 2 will review key learnings from module 1 and then embark on an interesting journey into the world of employee relations.

This includes a review of key terms and concepts learned in Module 1, along with an exercise and review of approx. 34 new terms / concepts.

A 50 question exercise followed by a thorough review of the correct answers. Instructor will ensure participants understand how each is applied in a workplace situation

Objectives: To develop a working knowledge / understanding of:

• MANAGEMENT’S RIGHT TO MANAGE
• THE PRINCIPLES OF MANAGEMENT’S RIGHTS
• KEY WORDS OF CONTRACT INTERPRETATION
• THE BASIC RULES FOR ADMINSTERING A COLLECTIVE AGREEMENT
• THE BASIC RULES OF THE RELATIONSHIP BETWEEN UNION & MANAGEMENT
• UNDERSTANDING THE ROLE OF THE SHOP STEWARD
• THE WORK NOW GRIEVE LATER PRINCIPLE & THE EXCEPTIONS TO THIS PRINCIPLE. A SIGNIFICANT EXPHASIS IS PLACED ON THIS PRINCIPLE DURING MODULE 2.
• A REVIEW OF INSUBORDINATION & THE 2 TYPES

Objectives: To develop a working knowledge / understanding of:

• THE HISTORICAL SIGNIFICANCE OF THIS VERY IMPORTANT CASE
• THE 3 GUIDING PRINCIPLES OF THE WILLIAM SCOTT DECISION
• ARBITRATORS NO LONGER ASSUME EVEN SERIOUS MISCONDUCT IS LEGAL CAUSE FOR DISCHARGE
• EVERY CASE OF EMPLOYEE MISCONDUCT MUST BE ASSESSED ON ITS OWN SET OF MERITS
• PARTICIPANTS ARE PROVIDED WITH A FULL COPY OF THE WILLIAM SCOTT APPEAL DECISION

Objectives: To develop a working knowledge / understanding of:

• THE LEGAL CONTEXT OF JUST & REASONABLE CAUSE “THE STANDARD”
• WHEN AND HOW TO USE DISCIPLINE AS A MEANS TO CORRECT CULPABLE SUB-STANDARD WORK PERFORMANCE OR MISCONDUCT
• CULPABLE VS. NON-CULPABLE ISSUES
• BASIC CHARACTERISTICS OF AN EFFECTIVE DISCIPLINE SYSTEM
• WHY SOME SUPERVISORS MAY BE RELUCTANT TO USE THE DISCIPLINE TOOL
• THE 19 QUESTIONS THAT MUST BE CONSIDERED PRIOR TO THE IMPOSITION OF DISCIPLINE OR DISCHARGE – DETERMINING JUST & REASONABLE CAUSE
• A SIMPLE TOOL FOR REVIEWING MITIGATING AND AGGRAVATING FACTORS
• A CHECKLIST TO REVIEW ALL ASPECTS
• THE COMPANY DISCIPLINE POLICY / PROCEDURE

Objectives: To develop a working knowledge / understanding of:

• THE INVESTIGATIVE INTERVIEW PROCESS – INVESTIGATIONS THAT MAY LEAD TO DISCIPLINARY ACTION
• THE DUTY TO INVESTIGATE. THE REQUIREMENT TO GIVE AN EMPLOYEE AN OPPORTUNITY TO EXPLAIN
• THE NEGATIVE CONSEQUENCES OF A RUSHED OR INCOMPLETE INVESTIGATION
• CONSIDERATIONS FOR THE INVESTIGATIVE INTERVIEW PROCESS
• THE VALUE OF AN INVESTIGATION CHECKLIST
• PRIVACY CONSIDERATIONS WHEN CONDUCTING AN INVESTIGATIVE INTERVIEW
• EMPLOYEE DISPOSITION ISSUES; SUSPENSION PENDING THE OUTCOME (WITH OR WITHOUT PAY)
• WHY DOCUMENTATION IS IMPORTANT – DOCUMENTATION SPECIFIC TO THE INVESTIGATIVE INTERVIEW AND DOCUMENTING THE PROCESS
• QUESTIONING TECHNIQUES; HOW TO GATHER THE FACTS (5W’S & HOW)
• SEQUENCE OF INVESTIGATION – THE LEGISLATED REQUIREMENT TO COMPLETE A SAFETY INVESTIGATION FIRST IF ALLEGED MISCONDUCT IS SAFETY RELATED (E.G. SERIOUS NEAR MISS)
• OBJECTIVES OF AN INVESTIGATIVE INTERVIEW
• THE ROLES & RESPONSIBILITIES OF EACH PARTY IN AN INVESTIGATIVE INTERVIEW
• REPRESENTATIONAL RIGHTS – CANSCOTT’S POSITION
• BRINGING IT ALL TOGETHER – A REVIEW OF THE BEST PRACTICES OF AN INVESTIGATIVE INTERVIEW
• ANALYZING THE FACTS – COMING TO A REASONED JUDGEMENT ON THE FACTS OF THE CASE
• CRITICAL ELEMENTS OF A DISCIPLINARY LETTER
• THE CORRECTIVE ACTION MEETING – BEST PRACTICES: SERVING THE DISCIPLINE
• THE DIFFERENCE BETWEEN A DISCIPLINARY LETTER AND A LETTERS OF EXPECTATION
• DUTY TO EXPLAIN HANDOUT

Objectives: To develop a working knowledge / understanding of:

• WHAT IS A GRIEVANCE
• TYPES OF GRIEVANCES
• GRIPES VS.GRIEVANCE
• MORE ABOUT GRIEVANCES: WHAT CAN TRIGGER THEM, WHAT ARE THE MOST COMMON TYPES
• THE GENERAL RULE: THE PARTY WHO ALLEGES MUST PROVE
• BASIC RULES TO THE ADMINISTRATION OF A GRIEVANCE PROCEDURE
• GRIEVANCE HANDLING: BEST PRACTICES AND WHAT TO AVOID AT THE FRONT LINE
• HOW TO RESPOND TO A GRIEVANCE IN WRITING: WHAT TO INCLUDE?
• REVIEW DUTY OF FAIR REPRESENTATION HANDOUT FROM THE JURISDICTIONS LABOUR RELATIONS BOARD

Objectives: To develop a working knowledge / understanding of:

• WHAT IS MEDIATION
• WHAT IS GRIEVANCE ARBITRATION

Objectives: To develop a working knowledge / understanding of:

• COST TO EMPLOYER OF ABSENTEEISM
• CHRONIC, PERSISTENT ABSENTEEISM: NEGATIVE CONSEQUENCES FOR SUPERVISOR
• RESPONSIBILITIES: EMPLOYEE AND EMPLOYER
• THE SUPERVISOR’S ROLE
• ABSENTEEISM
• CULPABLE ABSENTEEISM
• TARDINESS
• ABSENT WITHOUT LEAVE (AWOL)
• DETERMINING JUST CAUSE TO DISCIPLINE OR DISCHARGE FOR CULPABLE ABSENTEEISM
• BURDEN OF PROOF, WITNESSES, DOCUMENTATION
• NON-CULPABLE ABSENTEEISM
• DEALING WITH NON-CULPABLE ABSENTEEISM
• PROOF OF SICKNESS OR INJURY
• MEDICAL INFORMATION: WHAT CAN BE REQUESTED
• THE CULMINATING INCIDENT
• ADDITIONAL CONSIDERATION MAY ALSO BE REQUIRED IN CERTAIN CIRCUMSTANCES
• WORK-RELATED ABSENCES
• STEPS TO ESTABLISHING AND IMPLEMENTING AN ATTENDANCE MANAGEMENT PROGRAM
• THE ELEMENTS OF AN EFFECTIVE ATTENDANCE MANAGEMENT PROGRAM
• ADMINISTRATIVE GUIDELINES FOR ABSENTEEISM REVIEW MEETINGS
• REVIEW COMPANY’S ATTENDANCE MANAGEMENT POLICY / PROGRAM
• REVIEW EMPLOYMENT STANDARDS FACT SHEETS – FAMILY RESP, COMPASSIONATE CARE

Objectives: To develop a working knowledge / understanding of:

• WHAT IS THE DUTY TO ACCOMODATE
• WHAT IS A BONA FIDE OCCUPATIONAL REQUIREMENT
• WHAT IS UNDUE HARDSHIP
• WHAT IS THE 3-PART MEIORIN TEST
• THE ROLE OF THE SUPERVISOR IN RETURN TO WORK AND HANDLING REQUESTS FOR ACCOMODATION