Reference no: EM133181994

Assignment: Discipline Case Study

Janet Shey currently works as a dietary aide in a large assisted living seniors complex. Prior to a restructuring and the appointment of new management two years ago, Ms Shey had assumed casual supervisory responsibilities from time to time. She had completed her supervisory certificate with the expectation that she would move into the manager's position when he retired. Ms. Shey has been with the company for 5 years, currently reporting to the Chief Dietician, Neil McMunn. She is also a union steward, in her first year of responsibilities.

Sally Munk, Nursing Manager, reported to Mr. McMunn that she witnessed Ms. Shey telling a coworker, Pam Stone, to leave her duties, as Ms. Shey had determined there was no time for her to finish. Ms. Stone told Ms. Shey she would finish stocking the dishes and cutlery before taking her coffee break. She estimated she had less than 10 minutes of work left. Ms. Shey responded she would not have sufficient time and that the stocking would have to wait. Given the time frame, they needed to finish the coffee service to the residents, and the dishes would have to be left. They were due for break, and then there would be a shift change. Ms. Stone was entitled to a paid rest period, and it was scheduled for 2:45 p.m., which was in 2 minutes. Shift change occurred at 3 p.m. Accordingly, she would not have time to take her whole break, because the work would be cutting into her break time and the employee needed to go for her break. The witness observed Ms. Shey becoming very animated, as they were discussing what Ms. Stone should be doing. Ms. Shey was throwing her hands in the air, her voice was becoming more elevated, and she was leaning in. Ms. Stone, began apologizing and assured Ms. Shey she would take her break right away. Ms. Stone stepped around Ms. Shey and left the work area.

Mr. McMunn initiated an investigation. He arranged to meet with Ms. Stone, her union representative, and the Labour Relations Officer.

Ms. Stone shared with Mr. NcMunn that she had intended completing the final duties of her shift, until Ms. Shey became upset. Ms. Stone shared people were looking, and Ms. Shey doesn't like when you don't agree with her. It was easier to leave it than face the repercussions when working with Ms. Shey in the future. If you did not agree with her or go along, Ms. Shey could become very cool and stop talking. Ms. Stone was fine with everything she said. Ms. Shey had stopped her in the parking lot at shift end and apologized if Ms. Stone had been uncomfortable with their discussion.

Ms. Shey was asked to comment on the incident. She denies throwing her hands in the air. She was asked where her hands were and if they were above her waist. She responded yes, though she couldn't describe where they were. Ms. Shey shared that Mr. McMunn had told staff they should be taking their breaks and that she was reminding Ms. Stone. It was done with a professional courtesy, and she was not interfering with the direction of Mr. McMunn. If there had been time, Ms. Stone could have finished the stocking after her break. Ms. Shey commented, "At times there is give and take, but we give more that we take." If we fall behind, sometimes we can push back the break, but the last break is at 2:45, and we can't push it back, because then it would result in overtime staying after 3 p.m. Ms. Shey commented she didn't think anything she had said would be intimidating or insubordinate. She had a conversation with Ms. Stone and then walked away from her; Ms. Stone was not cornered. She was trying to impress the importance to take time for breaks and did not feel she was disrespectful to Ms. Stone. Ms. Shey shared she is more experienced than Ms. Stone and if Ms. Stone is intimidated, it is more than likely because of her experience.

Ms. Shey's employment record:

Her performance appraisal shares unsatisfactory assessments in the categories of: Teamwork, Planning/Organizing, Quality of Work, Leadership, Problem Solving/Decision Making and Flexibility.

• The descriptors include:
  • Is uncooperative/argumentative;
  • displays negative body language;
  • avoids eye contact;
  • is not communicative and often omits critical information;
  • does not share relevant information with management;
  • does not participate in problem solving (walks away and avoids discussion);
  • gets secretive/evasive and confrontational when things don't go her way;
  • is not accepting of departmental goals if different from her own;
  • does not collaborate or ask management for assistance when there is a problem;
  • picks on work of other workers;
  • is capable of high volume of work and expects similar output from coworkers, setting a demanding pace not everyone can follow;
  • is quick to correct coworkers;
  • needs to display more respect and tolerance for coworkers and to accept the strengths and weaknesses each one brings;
• Leadership:
  • does not have positive working relationships with coworkers/management;
• Problem solving/decision making:
  • is capable of problem solving when problem follows a step by step process, but needs to improve on problems that require more complex judgment;
  • fails to recognize when problems should be forwarded to management;
  • is interested in making her own decisions quickly and gets frustrated when her solutions are reviewed/corrected/changed;
  • often ignores simple operational problems, as she gets caught up in proving a point about other coworkers, which prevents her from looking out for overall operational needs;
• Flexibility:
  • works well with some staff and not with others;
  • displays negative behavior (lack of eye contact, decisions not to communicate or share information, walking away and making it difficult to approach her for any information, assistance or input);
  • has difficulties dealing with changing routines/plans;
• Communication:
  • does not participate in operational discussions, exchange ideas or brainstorm;
  • does not share relevant info to ensure tasks run smoothly;
  • often walks away, choosing not to participate in problem solving; and
  • lacks communication skills, which has affected her success in all areas of her work.

With respect to discipline, Ms. Shey received a verbal warning following an incident of insubordination towards her supervisor on February 20, 2019.

In addition, a respectful workplace investigation dated September 20, 2020 concluded that Ms. Shey breached the Respectful Workplace Policy. She received a written warning for her behavior, which was found to be demeaning and offensive, creating an intimidating work environment where co-workers were fearful of making errors or departing from Ms. Shey's perception of how things should be done.

1. Provide a brief overview of the issue the employer was confronted with.
2. Describe your strategy for resolving the issue, based on the collective agreement and company policy.
3. Explain your rationale for determining the level of discipline.