Scenario E Flashcards
Cory has worked at Worldly Fresh, a unionized company selling pre-packaged meals based in Ontario, for nearly a decade. He was recently assigned to work on a project with a new employee, Sam. The two work closely together and got along well at first. On numerous occasions, Cory has made efforts to engage Sam in social conversations and even asked Sam out on a date. Sam is not interested and has made it clear to Cory that he is not looking for anything more than a collegial working relationship. Despite this, Cory has continued to make advances toward Sam and has started sending him messages via Facebook outside of work. The messages were initially flirtatious, but became threatening in nature when Sam did not respond. As a result, Sam has become increasingly uncomfortable with Cory and refuses to continue working with him on the project. Sam approaches Ruby, a senior HR professional, about the situation. Sam understands that it is the employer’s duty to prevent workplace harassment and violence and he wants Worldly Fresh to take action. Which of the following statutes should Ruby consult when considering Worldly Fresh’s obligations in this situation? a) Employment Standards Act, 2000 b) Occupational Health and Safety Act c) Human Rights Code
The answer is b. Occupational Health and Safety Act Functional Area: B2 Rationale(s): A is incorrect. The ESA does not deal with workplace harassment. B is correct. In 2009, Bill 168 amended the OHSA specifically to require the employer to create and implement preventive measures to ensure a safe and harassment-free working environment. C is incorrect. The Human Rights Code does not pertain to employer or employee obligations in the workplace.
Cory has worked at Worldly Fresh, a unionized company selling pre-packaged meals based in Ontario, for nearly a decade. He was recently assigned to work on a project with a new employee, Sam. The two work closely together and got along well at first. On numerous occasions, Cory has made efforts to engage Sam in social conversations and even asked Sam out on a date. Sam is not interested and has made it clear to Cory that he is not looking for anything more than a collegial working relationship. Despite this, Cory has continued to make advances toward Sam and has started sending him messages via Facebook outside of work. The messages were initially flirtatious, but became threatening in nature when Sam did not respond. As a result, Sam has become increasingly uncomfortable with Cory and refuses to continue working with him on the project. Sam approaches Ruby, a senior HR professional, about the situation. Sam understands that it is the employer’s duty to prevent workplace harassment and violence and he wants Worldly Fresh to take action. After considering Sam’s complaint and the information available, should Ruby be concerned that Cory’s behaviour could amount to workplace harassment, and on what basis? a) No, because the messages were sent through a personal social media account outside of work. b) Yes, because Cory should have known his advances were unwelcome and his messages became threatening in nature. c) No, because Cory’s actions did not include any physical harassment or direct threats of violence in the workplace.
The answer is b. Yes, because Cory should have known his advances were unwelcome and his messages became threatening in nature. Functional Area: B2 Rationale(s): A is incorrect. Online interactions outside of work are still considered workplace harassment if the interactions pertain to the workplace. B is correct. The act of repeatedly sending threatening messages can be considered harassment and is prohibited in the workplace. C is incorrect. The definition of harassment does not include a requirement for physical harassment.
Cory has worked at Worldly Fresh, a unionized company selling pre-packaged meals based in Ontario, for nearly a decade. He was recently assigned to work on a project with a new employee, Sam. The two work closely together and got along well at first. On numerous occasions, Cory has made efforts to engage Sam in social conversations and even asked Sam out on a date. Sam is not interested and has made it clear to Cory that he is not looking for anything more than a collegial working relationship. Despite this, Cory has continued to make advances toward Sam and has started sending him messages via Facebook outside of work. The messages were initially flirtatious, but became threatening in nature when Sam did not respond. As a result, Sam has become increasingly uncomfortable with Cory and refuses to continue working with him on the project. Sam approaches Ruby, a senior HR professional, about the situation. Sam understands that it is the employer’s duty to prevent workplace harassment and violence and he wants Worldly Fresh to take action. Considering Sam’s refusal to work alongside Cory, what is the next step Ruby should take? a) Advise the employer to report the work refusal to the Ministry of Labour. b) Advise Sam to report the work refusal to the Ministry of Labour. c) Advise the union to report the work refusal to the Ministry of Labour.
The answer is a. Advise the employer to report the work refusal to the Ministry of Labour. Functional Area: B2 Rationale(s): A is correct. It is the responsibility of the employer to report the work refusal to the Ministry of Labour. B is incorrect. It is not incumbent upon the employee to report the work refusal to the Ministry of Labour. C is incorrect. It is not the responsibility of the union to report the work refusal to the Ministry of Labour.
