KEY EMPLOYEE DUTIES IN THE WORKPLACE

One of the sessions at the Saskatchewan Labour Law Review last November was focused on the duties of the employee in the workplace. This was unexpected for me; when I think of my duties at work, usually it starts with showing up and ends with doing the tasks assigned to me for the day. However, there are certain duties that are inherent in the employment contract that are perhaps not as commonly thought of. In this article we will discuss four of these duties: the duty of fidelity, the “work now, grieve later” rule, the duty to cooperate, and the duty to mitigate. One thing to note before diving into these duties is that the workplace is meant to be a cooperative environment between in-scope and out-of-scope workers. Each of us brings something different to the workplace, and by cooperating we can all get the most out of our workday. This is NOT to say that these duties are exclusive to the unionized workforce; rather, that by fulfilling these duties we can all help protect ourselves and our jobs and maintain a mutually beneficial workplace. By understanding exactly what is expected of us, we can help ensure that our work relationships are functional and productive.

1. The Duty of Fidelity – this is inherent in every workplace relationship and refers to the duty of employees to protect and not intentionally harm their employer’s business interests. This could be, for example, by not unfairly criticizing or competing with their employer. Although there is a greater duty of fidelity on higher ranked employees, every employee is still expected to avoid negatively affecting their employer by taking business away through direct competition or badmouthing the business publicly. Specifically looking at potential breaches of this duty due to criticism, the intent is a large component – there is a difference between having a private, personal conversation about your workplace issues, and publicly denigrating the company. This duty is highly variable and nuanced, but it comes down to the employer’s need to be able to trust their employees implicitly.
2. The “Work Now, Grieve Later” Rule – this is a rule I’m sure we are all familiar with, and it is intended to ensure continuity of production while potential unrest exists. The grievance procedure exists specifically to address issues that arise between the employer and the employee, and for the most part, employees are expected to follow the directions of their employer whether or not they agree that it is right. If an employee chooses not to comply with workplace rules or policies without going through the proper channels of grievance and arbitration, there may be limited recourse to dispute the discipline that follows. There is one notable exception to this rule, and that is if there are concerns related to health and safety. If there is a legitimate cause for work refusal due to health and safety, there are avenues available to undertake that refusal and not be penalized by the employer.
3. The Duty to Cooperate – this is particularly for situations involving accommodation. The accommodation process is undertaken between three parties: the union, the employee and the employer. In an accommodation situation, it is very understandable that the employee wants their privacy to be maintained, but part of the duty to cooperate means that all relevant information about their needs is shared. Additionally, the employee must make a sincere effort to reach an accommodation. The employee is a part of the agreement but does not have the final say on what appropriate accommodation entails. If the other parties (union and employer) reach an accommodation that they jointly accept, the employee is required to make an attempt to participate in accommodation as offered rather than refusing to work until the result they want is obtained (see above duty to “work now, grieve later”). If the accommodation still isn’t acceptable after the trial, the three parties can reconvene to make additional attempts to find a solution.
4. The Duty to Mitigate – this duty is used when an employee has been terminated. In a situation where an employee is grieving termination, they are required to take steps to move on with their life while waiting for the grievance to be resolved. This can include finding or even simply (but actively) seeking alternate employment. In these situations, the onus is on the employer to prove that the employee did not mitigate their circumstances while unemployed, so thorough documentation of all mitigating steps taken is a crucial part of the grievance resolution process. The employee is not required to take any job, but being able to prove that they have mitigated their situation by making an effort is instrumental in determining what damages are awarded if the termination is successfully overturned.

These four duties are not applicable at all times in the worker/ workplace relationship, however, it is beneficial to be familiar with them in the event that a situation arises where they are relevant. When a grievance reaches arbitration, the arbitrator will look at employee conduct including these duties when reaching a decision on the outcome; therefore, ensuring these duties are met will give the griever an advantage in the decision. If you have any questions about these duties, feel free to reach out to one of your friendly legal committee members!

Sheena Rivett,

Laboratory/Law Committee

THANK YOU GARTH

I want to thank Garth Wendel on behalf of the Maintenance department, 594, and myself for everything he has done in the last 6 months, including while I was away on paternity leave.

He spent many long hours, executive planning meetings, executive & general evening meetings, and time away from his family. All of Garth's hard work has led to the creation of a Maintenance Assistant position on a 6-month trial. If you need to get ahold of him, his e-mail is: [email protected]

We would not be in the position we are today if it wasn't for your hard work. Again, from everyone in maintenance and across 594; thank you, Garth!

Karl Dahle, Maintenance V.P.

LAST LAUGH

• Congratulations Tasha Lang (Yield Accounting) and Brandon who welcomed their twin daughters Kennedy Grace and Madilyn Rae born January 14, 2023.
• Congratulations Colin Kuntz (Laboratory) and Justine who welcomed their son Isaac Stanley born January 17, 2023.

Ron Oschanney - Safety (January 1, 2023)

Laurel Dutton-Wilkins - Laboratory (February 1, 2023)

Dwayne Roussel - Pumps (February 1, 2023)