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Brian Enos's Forums... Maku mozo!

One for the labour lawyers here


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OK, I'm in a bit of a situation, and wouldn't mind a reality check from the informed masses.

I'm a foreman, and just had to file a respectful workplaces complaint against one of my crew. I won't get into specifics, but let's just say the guy must have been off his friggen meds to figure he could pull his stunt. As there was no way to deal with the employee directly at the moment without an escalation leading to a potentially violent outcome, I remained silent and left.

I discussed the situation with management and filed the formal complaint. Problem is of course, being a unionized environment, they can not remove him from the work place just on my word. Even after HR deal with this douche, I'm liable to still have him on my crew. I'm prepared to stand my ground and hold the line until this guy hangs himself.

My question is this. I have to speak to him to give him directions. I need to listen to him when he has something work related to report. As far as I'm concerned, that's where it ends. I don't want to talk to this guy. I don't want to listen to his private BS. As far as I'm concerned, unless it's work related, it ain't happening.

Is there any workplace recourse for refusing to interact with an employee in matters unrelated to the job?

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A) No idea, and not a Lawyer yet (get sworn in Nov... 11th or 14th...)

B) If you're concerned about it, you need to find a Canadian lawyer - and probably one from Ontario (at least in the US, labor law can vary significantly from state to state.)

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I'm not a lawyer, but considering that the matter might end up in some kind of legal setting, do you want to appear as anything other that "the reasonable man?" Doesn't mean you need to be buddy-buddy, but common courtesies need to be observed. If the employee feels the need to share, no need to reciprocate, just acknowledge in the most minimal way, and/or point him back to the job at hand....

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Is there any workplace recourse for refusing to interact with an employee in matters unrelated to the job?

If you're really worried about it, check with HR and review the company's conduct code.

Regardless of how you conduct yourself, if this guy wants to make trouble for you, there are plenty of lawyers willing to twist the truth into something "inappropriate" with you as their prime target.

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