Reference no: EM132230000

A written complaint, received December 29, 2016, was submitted by GiGi Katt, physiotherapist, PS Hospital, to Kerry Wonders, Director, Human Resources. The complaint was filed against Will Snid, Team Manager of the Rehabilitation Department and Outplacement Services. She has delegated this complaint to you for resolution.

In the fall of 2016, Kay McKay resigned from her position as a part-time physiotherapist at PS Hospital. At her lunch with Ms. Katt on December 21, 2016, Ms. McKay shared that Mr. Snid had called her and asked her if she left because of Ms. Katt. Mr. Snid confirmed he had contacted Ms. McKay. As a part-time physiotherapist, Ms McKay was on the casual list, but did not pick up shifts at the Hospital. Mr. Snid was sensitive to an email that Ms. Katt had sent earlier in the year to all her colleagues. In the email, she indicated she was a hard worker who stood up for what she believed in and went on to share her disappointment in the functioning of the team, roles, and processes, as comparted to the past. She said, if that made her a bully so be it. Mr. Snid was concerned about how others may be treated by Ms. Katt. Mr. Snid shared he decided to ask Ms. McKay if her unwillingness to pick up casual shifts at the hospital was a result of Ms. Katt's negative behavior.

Ms. Katt went on to share she had spoken to Mr. Snid on four occasions about concerns in the office regarding poor communication with another team member. Ms. Katt also raised concerns at staff meetings. Mr. Snid didn't follow up on the concerns, but rather suggested that he avoid the other side of the office and that team member. Ms. Katt shared an email she had sent to her colleagues regarding office procedures, which was sent in response to a certain team member not following process.

Mr. Snid also speaks to the secretary daily to gain information on the office dynamics and what is being said amongst the team members. Mr. Snid acknowledges he speaks to staff in the ofKce on a regular daily basis to take a temperature reading for the day, i.e., is everyone managing the workload ok? Mr. Snid said that he may not speak with every individual daily, but usually with several, including the administrative staff, depending on who answers the phone or is sitting at their desk when he walks into the area. Ms. Katt acknowledges that Mr. Snid comes in and speaks to those that are around and/or calls to ask who is covering a patient, provides instruction, and asks that it be relayed to others versus calling a 15-minute meeting.

In December of 2015, Ms. Katt shared she had suggested that Pete Jay review the supply reconciliation protocol. Mr. Snid said that was not her role, and she shouldn't be suggesting anything. Yet, when Jen Smyte, another colleague of hers, went to Mr. Snid to complain about Mr. Jay's poor work, Mr. Snid told her to speak with Mr. Jay directly. Mr. Snid also asked Mr. Jay what Ms. Katt had told him about the supply reconciliation protocol, allegedly looking for information he could use against Ms. Katt.

In June, Ms. Katt shared that Mr. Snid contacted Ms. Carrie Knott approximately a week after she started at the hospital to ask how things were going. Mr. Snid specifically asked Ms. Knott if she was having any issues with Ms. Katt. Mr. Snid shared he may have asked that question, as his concerns with Ms. Katt's potential bullying behavior persist. Ms. Knott was reluctant to get involved and wanted her name kept out of it. She shared that the ofKce is divided, and she is just trying to get along. Ms. Knott confirms that this conversation did occur. Mr. Snid was asked if he typically asks new starts how it is going. He shared he was asking everyone how they found Ms. Katt. As a manager, he has some responsibility to maintain harmony in the workplace and to take some steps.

In July, Mindy Duke, physiotherapist and colleague informed Ms. Katt that when she was speaking with Mr. Snid about Mr. Jay's caseloads and how far behind Mr. Jay was in his work, Mr. Snid again was alleged to have specifically mentioned Ms. Katt. Was Ms. Katt the reason that Mr. Jay was not doing his work? Mr. Snid acknowledges he had concerns about how Ms. Duke may have been treated by Ms. Katt, considering the email sent by Ms. Katt to all staff, including Ms. Duke referenced bullying. When Mr. Snid was asked to share his conversation with Ms. Duke, he did not recall. He added his approach would be to ask about the team in general, and any particular issues with members of hospital staff, clients, or visitors? There were any number of people they could encounter in a day that could be unpleasant. When prompted, Mr. Snid expanded that perhaps he identified Ms. Katt, because of the email she had sent out.

In November, Mr. Snid had responded to a request to reassign Ms. Katt after she had started her shift. This reassignment was contrary to the accepted and documented process. Mr. Snid shared that he was only aware of Ms. Katt's willingness to work. Ms. Katt acknowledged that neither Mr. Snid nor the Scheduling Manager would have been aware of her stated availability when picking up extra work. She added that maybe she was paranoid, given everything that was happening.

In December, Ms. Plant met with Mr. Snid to discuss Mr. Jay's performance. During that meeting, Mr. Snid inquired as to whether Ms. Katt was in any way responsible for, or had anything to do with Mr. Jay's poor work habits. Mr. Snid specifically asked Ms. Plant if Ms. Katt was involved. Mr. Snid responded this questioning stemmed from his previous concerns about potential ongoing bullying from Ms. Katt, and because Ms. Katt sits elbow to elbow with Ms. Plant. To Mr. Snid's thinking, these ongoing complaints about a colleague's "poor work habits" coming primarily from individuals who associated closely with one another, began to take on the air of "ganging up" on Mr. Jay.

Ms. Katt has requested Mr. Snid cease from singling her out with negative false suggestions.

This assignment focuses on the Workplace Safety & Health Act and the duty of the employer to provide a psychologically safe work environment. This employer's obligation is also often reflected on the collective agreement language. As labour relations practitioners or employees in a supervisory capacity, you will be presented with respectful workplace/alleged harassment issues. These issues will need to be investigated and a determination made as to whether the alleged behavior violated the organization's policies and/or the collective agreement.

1. Obtain a copy of your workplace's Respectful Workplace Policy or from any other source that is publicly available. The policies of major companies can be relations found publicly on their corporate websites. Make sure to include proper reference to where you obtained the policy.

2. Write a report to management. Your report should be as concise as possible, while providing the pertinent information you feel is required to support your position. Your report should be between 500-750 words.

a. Include a brief overview of the complaint and alleged inappropriate behavior.

b. Describe your strategy for resolving the issue.

c. Explain your conclusion based on the balance of probabilities of whether the alleged infraction violated your company policy with accompanying rationale.