The Letter of Expectation: What Does it Mean?

Rob-Jones-Y010-President-2016

The fact finding meeting is over; you may never hear about the issue again, or the employer notifies you that they have come to a conclusion and you’re called for a follow up meeting.

During the meeting your supervisor reads out loud and presents a letter of expectation (LOE);  welcome to the performance management stream and the right of the employer to reaffirm the roles, responsibilities and accountability of your position within public service in Yukon.

Firstly, a letter of expectation is not discipline.  While it may feel like discipline (and trust me I know this feeling, having been through this process), it is not intended to be, nor is it a disciplinary action. 

A properly formatted letter of expectation should clearly outline the issues the employer has identified that need to be rectified, the changes they would like to see, the timeline for this change and the support and resources for assisting with process.

What happens after I receive this letter?

This is a shared responsibility; you as a public servant have been advised of your employment expectations and you should seek to meet the mark. It will feel like there is extra scrutiny on you and this is natural and actually accurate, but not in the “I’m gonna get you” way. 

After an LOE is delivered the employer is watching you, not to note your failure but to ensure your success.  It is incumbent on the employer to assist you in meeting the requirements of your position and the expectations that have been outlined. 

YTG (the employer) needs to provide access to support and resources to ensure you are successful.  Bear in mind  you are a big part of this success and it is incumbent on you to meet the requirements of your job contract with YTG. As the cliché goes it takes two to tango and for the most part you are the lead in the dance.

 How long does the LOE stay in my file?

As letters of expectation are not discipline they are not part of your file.  When it comes to your “file” you only have one and this is held at the Public Service Commission (you can make an appointment to see your file with PSC if you would like to review your public service employment file).  

Your LOE will be held by your supervisor and will not be in your “file” but will be kept for reference for the timeline provided in the letter.  An LOE will be deemed complete at your next PPP (Personal Performance Plan) provided the issues have been resolved and have not continued.  Now, if the behavior in the letter continues, this can open up the disciplinary stream (which I will cover in another post).  But we all know that this won’t be an issue……..right?

 A few other details….

 Letters of expectation do not always come from fact finding meetings. Employment behaviors can be noted and dealt with outside of fact finding meetings and delivered at the discretion of the employer.

  • Union representation is not required at the presentation of an LOE as they are not disciplinary, however, it is recommended by YTG that if it will be of benefit to the employee YEU representation can be in attendance.
  • As always, if there are questions or concerns call the YEU office at 667 2331 or call me directly at 334 4331, remembering there is a timeline for issues of approximately 20 days, so call early and get the answers.

 Yours in solidarity,

Rob Jones

rob jones

President, YEU Local Y010

 

 

The YG Fact-Finding Meeting; What to Expect

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It’s another day at work, everything seems to be going well and it’s shaping up to be a good day.  Then it happens; you receive a request to attend a meeting the following day and your supervisor advises that you are entitled to bring a union representative to the meeting!

What has happened? Why won’t they tell me what the meeting is about? What are the specifics? Aside from being frustrated that you can’t have these questions answered, being called to a meeting relatively blind is also incredibly stressful.

You have been called to a fact finding meeting.

Fact finding meetings are a very common and normal occurrence in Yukon Government workplaces.  When a supervisor or manager receives a complaint or incident report involving a staff member, they are required to investigate – this means they need to talk to you and get your version of the incident or event. If you have been asked to such a meeting, you must attend.

The fact finding meeting is based on the premise that there has been a problematic event or incident of some kind. The employer needs to ask questions to determine what happened. You might not be directly involved; you may have witnessed the incident or have information that may help to make the situation clear.

These sessions are not meant to be punitive, but should offer space for an open and honest dialogue on the event being discussed. These conversations can feel incredibly stressful for the employee and may feel like a cross examination, but that is not the intent. Your union representative will be there with you to protect your rights.

Why do I need a union representative?  It is incumbent on the employer to advise an employee of the need for representation if there’s any chance of discipline down the road.  Discipline is not always involved, but the employer cannot deny a member representation then dole out discipline after the fact; this goes against the principles of the Collective Agreement as well as the principles of natural justice.

Why won’t they answer my questions about the event or incident before the meeting?  Well, this is twofold; while they may state “we are going to be discussing event ABC” they cannot discuss the actual event outside the meeting. Firstly the employer would like to see unchecked, honest reactions to the questions posed.  Secondly if the employer engages in this conversation it may be construed as part of the fact finding session when the employee has not yet had an opportunity to secure union representation.

These meetings are usually less than an hour long, depending on the events and issues at hand.  During these sessions the employee, the employer or the union representative can ask for a break to have discussions or sidebar chats.  These meeting should be, and for the most part are, very respectful and smooth.

What can I say? What can’t I say during these sessions?  The intent of these fact findings is to bring the facts to light.  The employee is responsible to be open, honest and accountable. Your union representative is there to protect your rights and ensure proper process is followed, but they are not defense attorneys and will not be using legal gamesmanship to avoid the issues at hand.

This is a meeting about FACTS, not about what you may think of a situation. Avoid deflecting accountability by drawing others’ poor behavior into the conversation.  The employer may ask what others thought or said, but you should avoid commenting on how you believe others may think or feel about the incident or parties involved.

Do I get to have my say in the meeting? Of course – this is not a one sided barrage or cross examination.  During the meeting you will be asked several times if there is anything else you would like to add. This is the time where pertinent items to the event can be offered if they have not been addressed in the questioning.  This however is not the time to deflect accountability, point out others’ poor behavior or inject supposition or rumor into the meeting.  Your additions should be factual, pertinent and meaningful.

It is also likely that the employer will have investigated the issue by chatting with other employees named in the event.  These sessions are confidential and private, and employees are advised not to speak about these meetings outside of the HR/union/supervisory pathways.

How do I get Union representation?  Call 867-667-2331 as soon as you’ve been notified of the meeting, and ask for the intake officer.  They will ask you for the meeting time & location and ask whether have any idea what the meeting may involve.

Once this information is collected, YEU will make a call to the Shop Steward group to see who is available to attend your meeting.  Once the Shop Steward has confirmed their availability, the Steward will contact you to discuss the process and answer your questions prior to the meeting. Some Stewards will contact you well ahead of time while others, depending on time of notification, may make arrangements to speak with you just prior to the meeting.

What can I expect once the meeting is over? Timelines are usually established at the end of the meeting.  Your supervisor or the HR Representative will notify you of the timeline and might advise you that another meeting will be requested if more questions arise during their follow up.  Generally, the post-meeting fact finding time is one to two weeks.

What will happen to me? This depends on the incident and your role in what transpired.  One possible pathway is the performance management stream, another is discipline.  I will cover these topics in an upcoming performance management and discipline article on the blog; keep an eye out and have a read.

Remember, fact finding meetings are a normal part of any workplace and your YEU representatives are there to support you through these meetings.Rob-Jones-Y010-President-2016

In Solidarity,

Rob Jones

President – Local Y010

 

An Open Letter to Mike Nixon, Yukon’s Minister of Health

As a nurse,  I can’t believe your response to issues raised by ourselves and the NDP concerning the Community Nursing branch.  I’m amazed at your lack of understanding of the realities healthcare professionals face in our rural communities and I shake my head at your blasé attitude toward the health & welfare of rural Yukoners.

As Union President, I am now more worried than ever for the health of nurses in the communities who tell us they are struggling and suffering. Whether your recent comments were based on misinformation, naiveté, arrogance or indifference you’ve misrepresented and manipulated the truth.

Let me take a few moments to point out where you’ve missed the mark.

  1. Nurses in communities are leaving their jobs or choosing not to return to Yukon for new contracts. Your response that you’re “working with the YRNA on recruitment & retention” tells me you haven’t done your homework. Have you investigated why there is such a high rate of turnover? Your numbers were wrong as well; 2 nurses have chosen to retire and another 3 have simply given up…quit; not your stated 1 retiree and 1 resignation. Sure, turnover happens but the spike in resignations and retirements with more certain to come should have your alarm bells ringing. Community Nursing is in crisis. In my opinion, morale is the lowest it`s been since the service was devolved from the Federal Government.
  1. Nurses worked alone in rural health centres for 182 days from March until the end of August. In one community, the health nurse worked alone for 52 days over the busy summer tourist season. Yukon is the only jurisdiction in Canada which allows a nurse (and a community) to be placed in that dangerous position. Working alone places nurses at greatly elevated risk of injury, violence and fatigue and increases the odds of error, putting patient safety at risk. No other first responders are expected to work alone; no firefighter, no RCMP, no-one.
  1. You assert that Yukon nurses have never worked alone in a community for longer than five consecutive days; not true. That’s the result of flawed accounting of the true hours worked. The clock stops after five days; weekends aren’t counted–even when nurses work through the weekend-and stat holidays aren’t calculated. And though you may not be counting weekends, you’re certainly paying for them as overtime costs skyrocket.
  1. Although you stated (incorrectly) that YG employs 40 community nurses, your staff corrected that number to 32. In fact, there are only 22.5 staffed nursing positions to serve the needs of rural Yukoners. Although there are 4 “float” positions to act as backup staff, those positions haven’t been filled for years. You tell us there are currently 11 vacant positions; that means the Yukon Government needs to hire 50% more nurses simply to meet its own required staffing levels. That’s not normal turnover; that’s a critical failure to manage operational needs.

Putting the numbers aside, there are problems in Community Nursing that need scrutiny. In my opinion, high turnover in such a critical area indicates serious systemic malfunction.  Prolonged position vacancies, chronic recruitment/ retention problems and the departure of committed long-term employees mean something is wrong. I suggest you take a look at how things are working at Community Nursing and get things fixed before something awful happens.

Our members are talking. They’re talking to each other and they are certainly coming to talk with us. There are real problems in Community Nursing that this letter cannot address. You need to show some leadership and make it possible for these exhausted and under-resourced professionals to continue to provide the high quality care they are trained to provide.

One more suggestion: If you genuinely care about your employees and the health of rural Yukoners, get out from behind your desk. Travel to each health center – I’ll even drive you myself. Have open and honest conversations with the nurses. Allow them to speak freely without fear of reprisal or recrimination. I think you’ll be surprised at what you learn… unless of course you already know but are choosing not to act.

Steve Geick, President, Yukon Employees’ Union, Proud Community Nurse

Straight Talk: Addiction & Accommodation at work.

addictDid you know that alcoholism and addiction are considered disabilities?

A seven year legal battle for two Ontario residents and a ruling by the Supreme Court of Canada set a legal precedent on what constitutes a disability under Human Rights legislation. Employees who suffer from an illness or injury that restricts or limits their ability to perform their duties are considered to be “disabled” under employment law; addictions and alcoholism are considered disabilities.

Under the Yukon Human Rights Act, an employer must accommodate disabled employees – this is the “duty to accommodate”.  The right to equality for persons with disabilities is entrenched in Human Rights legislation across Canada.   If an employee suffers from an addiction they may have access to a workplace accommodation while they are recovering.

We say may because the duty to accommodate usually follows disclosure by the employee. The employee may believe they suffer from an addiction but unless this is disclosed, it’s tough for the employer to know what supports are appropriate.

An accommodation can be anything from  altered  hours of work, time off to attend counseling or treatment or even modified duties.  It may mean working in a different position or location. The intent is to reduce or eliminate the risk of further injury or illness, to meet operational needs and to allow the individual to continue working while recovery takes place.

If an employer suspects a medical condition may be affecting an employee’s performance, they have a duty to inquire. This means they may ask the employee if there are any medical restrictions or limitations, or if they have a medical condition they should be aware of.  This isn’t an invasion of your privacy just for the sake of asking; if you are asked, it likely means your employers have noticed you are struggling.

What can you do if you believe addiction is affecting your ability to carry out your duties?  Ask for help! Talk to your family or friends, consult with your family physician and tap into your employee assistance program.

If you believe you need a workplace accommodation, ask YEU for a union representative to help you talk to your supervisor.  Some employers offer financial support to attend treatment programs, follow up counseling or other rehabilitative programs.  All employers have a legal duty to accommodate an employee to the point of undue hardship.

If you’re in doubt about your responsibilities and your rights as a disabled employee or if you have any questions please contact YEU and your human resource branch. There is confidential support available and all levels can work together to help.  For your protection, it makes sense to make sure you have union support when you approach your employer; we will be with you every step of the way.

Domestic Violence at Work | Canadian Labour Congress

Domestic Violence at Work | Canadian Labour Congress.

initial findings on domestic violence survey

Canadian employers lose $77.9 million annually due to the direct and indirect impacts of domestic violence, and the costs, to individuals, families and society, go far beyond that. However, we know very little about the scope and impacts of this problem in Canada.

The Canadian Labour Congress partnered with researchers at the University of Western Ontario and conducted the first ever Canadian survey on domestic violence in the workplace. We did this because there is almost no data on this issue in Canada and we know that women with a history of domestic violence have a more disrupted work history, are consequently on lower personal incomes, have had to change jobs more often, and more often work in casual and part time roles than women without violence experiences.

Being a perpetrator of domestic violence also significantly impacts a worker and their workplace. A recent study found that 53% of offenders felt their job performance was negatively impacted, 75% had a hard time concentrating on their work, and 19% reported causing or nearly causing workplace accidents due to their violent relationship. Their behaviours lead to a loss of paid and unpaid work time, a decrease in productivity, and safety hazards for their co-workers.

Here are some of the things we learned from this survey:

Experiences of Domestic Violence

prevalence and gender

A third (33.6%) of respondents reported ever experiencing domestic violence from an intimate partner, and there were differences by gender (figure 2).

Aboriginal respondents, respondents with disabilities, and those indicating a sexual orientation other than heterosexual (e.g., lesbian, gay or bisexual) were particularly likely to have reported experiencing DV in their lifetime. In terms of indirect domestic violence experience, 35.4% of respondents reported having at least one co-worker who they believe is experiencing, or has previously experienced, domestic violence and 11.8% reported having at least one co-worker who they believe is being abusive, or has previously been abusive, toward his/her partner.

The Impact of DV on Workers and Workplaces

DV in the workplace

Of those who reported DV experience, 38% indicated it impacted their ability to get to work (including being late, missing work, or both).

In total, 8.5% of DV victims indicated they had lost their job because of it.  

Over half (53.5%) of those reporting DV experiences indicated that at least one type of abusive act occurred at or near the workplace. Of these, the most common were abusive phone calls or text messages (40.6%) and stalking or harassment near the workplace (20.5%; Figure 3).

Ultimately, stronger evidence will help to shape legislation, policies, and practices that promote violence prevention and safety in workplaces, that hold abusers accountable for their behaviour, and that lift the burden from victims so they need not deal with domestic violence alone.

Disclosure of DV in the Workplace and Support Received

Overall, 43.2% of those experiencing DV reported they discussed it with someone at work. There are apparent differences according to gender, with men being particularly unlikely to discuss domestic violence at work.  Among all respondents, 28% said they had received information about domestic disclosure of dv in the workplace

violence from their employer. Among unionized respondents, 27.2% received information about domestic violence from their union.

Only 10.6% of all respondents think that employers are aware when domestic violence is affecting their workers, but among those who said yes, 62.3% believe employers act in a positive way to help workers experiencing domestic violence. Similarly, only 11.3% of all respondents think union officials are aware when domestic violence is affecting members, and among them, 86.6% believe unions act in a positive way to help members.

Where do we go from here?

This research has identified the scope and impact of domestic violence on workers and workplaces, but is only a first step. Immediate next steps include encouraging use of these results by governments, unions and employers to establish proactive practices to address the impact of domestic violence at work. Some immediate changes in the labour movement include:

The Yukon Teachers’ Association has negotiated special leave that can be used when workers need time off due to domestic violence.

The Canadian Union of Postal Workers (CUPW) has a network of social stewards who are provided training to develop listening skills, learn about available resources, and assist in prevention of a range of difficulties, including family-related problems. The program is particularly effective in Quebec.

Download the entire report and learn more about what we are doing on this issue.

Don’t Miss Out! YEU Bursary application deadline fast approaching.

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Did you know that the Yukon Employees’ Union offers 9 annual bursaries to members and their dependants attending full time post secondary school? We offer $1000 to nine deserving young people each year. If you are a member of YEU OR you’re a member whose dependent son or daughter is heading off to school, make sure your bursary application is received in our office by 5pm September 30th.

In addition, there are TWO bursaries offered in 2016 through the PSAC Racially Visible Committee. Only PSAC/YEU racially visible members or dependents are eligible for these two bursaries.

Click here for printable Bursary Application.

Please make sure to read the requirements fully and submit everything necessary for your application to be reviewed.  Successful applicants will be advised by the middle of October.

Submit applications to

Yukon Employees’ Union, 201-2285 2nd Avenue

Whitehorse Yukon, Y1A 1C9

Ph: 867-667-2331  FAX: 867-667-6521   Email: contact@yeu.ca

 

 

YEU Education Bursaries

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YEU is proud to offer 8 Education Bursaries annually, each for $1000.  These bursaries are offered to Yukon students planning to pursue full time studies in an accredited post-secondary school. To be eligible, you must either be a member of Yukon Employees’ Union or be the dependant of a YEU member. If you need information or have questions please contact us  by email or call our office at 867-667-2331

Applications for the 2014-2015 academic year are now being accepted. The deadline for submission is September 30th, 2014.  All required documents must accompany the application in order to be considered eligible. Submissions can be made by hand, by mail or electronically.

Successful applicants will be advised by mid October; it’s important to provide a permanent address where we can reach you in the fall.

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Submit by hand or mail to:

Yukon Employees’ Union

201-2285 2nd Avenue

Whitehorse Yukon, Y1A 1C9

OR  submit electronically to   contact@yeu.ca