Back in the 1940s, 1950s and 1960s and probably later if the boss didnt like the ‘cut of your jib’ he simply fired your ass with little consequences. It is an entirely different situation today. Today we have both federal and provincial regulations that protect the employee and the employer. Few people realize it but in the trucking industry there are special regulations set aside that protect the truck driver which is not common amongst other workers. An Arbitration Judge once pointed this regulation out to me and advised that it was created to protect the driver from unscruplous owners who were common in the industry in the “old days.” Let’s hope things are changing.
The first thing a present day employer must realize is that it isnt easy to terminate, dismiss, or fire an employee. Employees who work for federally regulated businesses such as inter-provincial carriers are governed by the Canada Labour Code, whereas employees working for provincially regulated carriers are governed by the Ministry of Labour. In fact should an employee have an inquiry they can start by making an inquiry to:
Ministry of Labour (Ontario) Employment Standards 1 800 531-5551
Waterloo, ON 519 885-3378
Toronto, ON 416 326-7160
Other contacts are normally listed in your local telephone book. There are lawyers that specialize in providing assistance to the disgruntled employee. You might want to avoid the lawyer approach at the outset because it can become very expensive.
Employers doing their jobs and acting professionally should very rarely be placed in a position where they are obliged to fire an employee. The process of ‘progressive discipline’ enables the employer to develop and correct and enhance the performance of their employees. Every employee should have a detailed job discription and an immeidate supervisor. Employees should be hired probationary for 90 days and closely observed. Shortcomings as well as good performance should be pointed out to the employee. It is imperative that a paper trail be created and records kept. Where employees’ performance is unsatisfactory they should be presented with the opportunity to correct the problem and/or undergo additional training. Of course if repeated unsatifactory performance continues to the detriment of the carrier and the employer has recorded proof that measures were taken and supervision and training given then termination may have to result.
Drivers accused of severe misconduct such as theft, cabotage, smuggling, or physical assault etc can be immediately fired through a summary dismissal.
There is a terrible statistic that seems never to change and that is approximately 80% of complaints filed under the Canada Labour Code come from the trucking industry mostly related to drivers being owed wages and wage-related benefits.
Here are some guidelines:
The first 90 days of employment is ‘fair game’ time where there is no requirement for notice or rationale for a dismissal. This is often called a probationary period.
Employees on the job betwen three and 12 months are eligible to receive two weeks notice or the equivalent pay.
If a driver files a complaint about the way they were treated it will normally result in a decision by an inspector or be sent to aribitration. The result of which will likely be job reinstatement or financial settlement being awarded.
Be clear in what your expectations are.
Ensure job descriptions, contracts and discipline related documents clearly outline job requirements.
Any corrective procedures should be applied consistently in your business – dont play favourties.
Act immediateley – dont allow poor work performance or other problems to continue without taking appropriate action.
Keep disciplinary meetings private and face-to-face. Act professionally and deal with facts and not personalities.
Maintain a detailed paper trail.
Judge each case on its own merits.
Ensure you thoroughly investigate every case ensuring you have gathered information in support of your actions prior to terminating an employee.
Remember, almost without exception every person is salvageable. Many only need a guiding hand to set them straight and or lift them up.
Dont promote underserving employees – be aware of the Peter Principle.
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