Many employers are nice people who have difficulty providing tough love needed to build up a case for cause, writes Howard Levitt. Read on.
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In the mediation, I pointed out the clear facts, some of which the employee had been unaware of and which vitiated any human rights claim he might have had. But given that we were at mediation, I converted the discussion into one of severance since the relationship had broken down.Article content Why was that? Once the employee filed a human rights claim, his employer backed off from appropriate discipline for fear that it would be seen to be retaliation for the filing of the claim. But given the evidence in its possession, by failing to discipline the employee it had condoned the misconduct, now making it very difficult to discipline and legally impossible to assert the cause for discharge that might otherwise have been alleged.
It is misguided in both circumstances. By doing so, not only are you keeping on an employee who is best rehabilitated or dismissed but setting a very bad example to your other employees about what will be tolerated. Nothing encourages other employees to quiet quit than seeing their coworkers do so without consequence.Article content