I'll try and keep this brief as it's a complicated situation. Please feel free to ask for clarifications.
Last year my wife went to work for a new employer in a part-time status in June of 2003. She's fully qualified, has 5+ years of industry experience, has been a supervisor in her previous job. She received an excellent probationary period (90 day) performance review and about a month afterward she was promoted to a dual-rate supervisory position, but was told she would not be given full-time despite it being posted as a full-time position and at the other properties (there are 22 in total) all supervisory classed jobs are full-time positions.
During this process she became pregnant and felt she could trust her manager, as her manager is a direct friend of her mother and step-father's, and when asked how much time she was taking off my wife replied 6 months. Her pregnancy created several complications: 1) she could not perform her duties to her fullest capabilities and 2) she was on restrictions given to her by her doctor because of a suspected miscarriage at week 6. They were not unreasonable. She is a house keeper. Her employer acknowledged her restrictions and did make an attempt to accomodate her, but her manager's attitude toward her changed. None of her supervisor's respected my wife's restrictions, in fact they seemed oblivious to them. One of her supervisor's pulled her into private and then informed her that several of her co-workers were complaining about her restrictions, and he made a comment about them to her that left her feeling devastated. My wife's mother later said to my wife that the manager had confided to her that she didn't have a problem with one of the restrictions, but the rest she didn't like, and that because when she herself had been pregnant her doctor had taken her off work. She then also confided to her mother she instructed my wife's supervisor to treat her like any other employee, thus invalidating her restrictions. My wife complained formally about the supervisor, her co-worker's comments and the manager said she would speak to the members, but nothing was done about it. Human Resources was not contacted and there were no attempts to resolve the issue communally.
Eventually a fulltime competition was posted, which my wife applied for. By their own admission of the qualifications for the position my wife exceeded the qualifications, and she was next in line to be promoted. There is a consistent history of promoting due to seniority. About a week or so before the interviews my wife had a personal conversation with a co-worker who stated she felt my wife didn't stand a chance to be promoted because of things that were being said, and some things that her manager had disclosed to this co-worker. My wife defended herself and basically told her that if they wanted to play politics they could, but she had the qualifications to be promoted, she was in line to be promoted, there were no performance or discipline issues, and if she was no promoted she could live with that but they would have to justify their decision. The co-worker, who was in competition with my wife, then told the manager that my wife was being boastful, arrogant, and that my wife had said there would be hell to pay if she didn't get promoted. The furthest could be from the truth.
When the time to award the promotion came up two assocaites were selected, the person directly in line seniority, and the person just below my wife (the co-worker). The manager and her assistant called my wife in the day before they awarded it to tell her. They could not give her any specific reason, just that the manager had felt her performance was not up to par from her first month (despite signing off and approving her excellent performance review) and that she felt she wasn't a good worker. When my wife asked them for documentation, performance or discipline issues, or anything that they could justify their determination they could not come up with anything.
A meeting with human resources that we attended - I am representing my wife in this matter - and they gave us four reasons. One of the main things was her "Attitude"...they brought up situations where my wife had actually be the victim. The other reasons were laughable at best. In subsequent correspondence with the corporation at the executive level they changed their tune and stated her performance was not up to par and her actions with her co-workers were unprofessional. Yet they could not provide any specifics.
My wife started have further complications directly related to stress from these incidences, as well as from the situation and her doctor recommended she go off work in February of this year. She was not due until June. She's lost a lot of wages, plus her sick benefits and guaranteed maternity leave top up had she been instated as full-time.
I've condensed a lot there. The problem I'm facing representing her right now is gaining access and contact. They do not wish to acknowledge there is a problem, was a problem, and I prepared a 35 page legal brief of the situation, which included our documented evidence, and their ridiculous correspondence. There were witnesses, but some of them are management witnesses, and the manager herself has a history of being a bully. She is literally a yeller and screamer and intimidator. We cannot get at these witnesses, though Julie has named specific persons in her complaint. It's frustrating because as stupid as this management has acted, they have removed her site access privileges and have not contacted her with employment information or news, as they should under the Employment Act.
The issue is before the Human Rights Commission of Ontario, and we have recommended mediation, however I would like to know what specifically I should be looking. The commission sees the problem but it has a been a laborious process.
I honestly believe that her manager could not afford to have her take time off. My wife's reputation was consistently damaged by complaints against her by co-workers that were never addressed by her manager, and the successful employee later confided to another employee that she felt bad for saying what had said to the manager (the manager acknowledged they had a conversation, in fact confronted my wife about what the employee had said). That, for me, was really the motivation point. My wife was ready to accept a denial, in fact she had prepared herself for it, but when these situation happened and they then decided to fabricate reasons to not give it to her she was devastated.
In Mediation I feel she has a right to have these issues resolved:
1) Harrassment by her co-workers, including defamatory comments made to her manager by her co-workers, and the supervisor.
2) Promotion to full-time effective original promotion date
3) A formal apology from the Executive of the corporation as well as the site management.
4) Back pay to that date, including benefits.
5) Review of their internal processes dealing with harrassment and discrimination.
or,
In lieu of her continued employment a settlement of $250,000 plus legal fees. Case law up here in Canada has put that as a common settlement fee over employment issues where the employer is at fault. But it usually comes from wrongful dismissal. My wife hasn't been dismissed, but in a way I kinda wish she was.
I know I'm dreaming, but she makes a pretty compelling case when you look at her documentation. The problem is the lack of witness participation. We just can't get access to them.
So what do you think?
I don't have a problem with the mediation part, because effectively if we can't resolve the issue then it will just be referred for investigation. Then the corporation will have to really justify themselves, and the investigator will gain full access and disclosure under the human rights laws.
Last year my wife went to work for a new employer in a part-time status in June of 2003. She's fully qualified, has 5+ years of industry experience, has been a supervisor in her previous job. She received an excellent probationary period (90 day) performance review and about a month afterward she was promoted to a dual-rate supervisory position, but was told she would not be given full-time despite it being posted as a full-time position and at the other properties (there are 22 in total) all supervisory classed jobs are full-time positions.
During this process she became pregnant and felt she could trust her manager, as her manager is a direct friend of her mother and step-father's, and when asked how much time she was taking off my wife replied 6 months. Her pregnancy created several complications: 1) she could not perform her duties to her fullest capabilities and 2) she was on restrictions given to her by her doctor because of a suspected miscarriage at week 6. They were not unreasonable. She is a house keeper. Her employer acknowledged her restrictions and did make an attempt to accomodate her, but her manager's attitude toward her changed. None of her supervisor's respected my wife's restrictions, in fact they seemed oblivious to them. One of her supervisor's pulled her into private and then informed her that several of her co-workers were complaining about her restrictions, and he made a comment about them to her that left her feeling devastated. My wife's mother later said to my wife that the manager had confided to her that she didn't have a problem with one of the restrictions, but the rest she didn't like, and that because when she herself had been pregnant her doctor had taken her off work. She then also confided to her mother she instructed my wife's supervisor to treat her like any other employee, thus invalidating her restrictions. My wife complained formally about the supervisor, her co-worker's comments and the manager said she would speak to the members, but nothing was done about it. Human Resources was not contacted and there were no attempts to resolve the issue communally.
Eventually a fulltime competition was posted, which my wife applied for. By their own admission of the qualifications for the position my wife exceeded the qualifications, and she was next in line to be promoted. There is a consistent history of promoting due to seniority. About a week or so before the interviews my wife had a personal conversation with a co-worker who stated she felt my wife didn't stand a chance to be promoted because of things that were being said, and some things that her manager had disclosed to this co-worker. My wife defended herself and basically told her that if they wanted to play politics they could, but she had the qualifications to be promoted, she was in line to be promoted, there were no performance or discipline issues, and if she was no promoted she could live with that but they would have to justify their decision. The co-worker, who was in competition with my wife, then told the manager that my wife was being boastful, arrogant, and that my wife had said there would be hell to pay if she didn't get promoted. The furthest could be from the truth.
When the time to award the promotion came up two assocaites were selected, the person directly in line seniority, and the person just below my wife (the co-worker). The manager and her assistant called my wife in the day before they awarded it to tell her. They could not give her any specific reason, just that the manager had felt her performance was not up to par from her first month (despite signing off and approving her excellent performance review) and that she felt she wasn't a good worker. When my wife asked them for documentation, performance or discipline issues, or anything that they could justify their determination they could not come up with anything.
A meeting with human resources that we attended - I am representing my wife in this matter - and they gave us four reasons. One of the main things was her "Attitude"...they brought up situations where my wife had actually be the victim. The other reasons were laughable at best. In subsequent correspondence with the corporation at the executive level they changed their tune and stated her performance was not up to par and her actions with her co-workers were unprofessional. Yet they could not provide any specifics.
My wife started have further complications directly related to stress from these incidences, as well as from the situation and her doctor recommended she go off work in February of this year. She was not due until June. She's lost a lot of wages, plus her sick benefits and guaranteed maternity leave top up had she been instated as full-time.
I've condensed a lot there. The problem I'm facing representing her right now is gaining access and contact. They do not wish to acknowledge there is a problem, was a problem, and I prepared a 35 page legal brief of the situation, which included our documented evidence, and their ridiculous correspondence. There were witnesses, but some of them are management witnesses, and the manager herself has a history of being a bully. She is literally a yeller and screamer and intimidator. We cannot get at these witnesses, though Julie has named specific persons in her complaint. It's frustrating because as stupid as this management has acted, they have removed her site access privileges and have not contacted her with employment information or news, as they should under the Employment Act.
The issue is before the Human Rights Commission of Ontario, and we have recommended mediation, however I would like to know what specifically I should be looking. The commission sees the problem but it has a been a laborious process.
I honestly believe that her manager could not afford to have her take time off. My wife's reputation was consistently damaged by complaints against her by co-workers that were never addressed by her manager, and the successful employee later confided to another employee that she felt bad for saying what had said to the manager (the manager acknowledged they had a conversation, in fact confronted my wife about what the employee had said). That, for me, was really the motivation point. My wife was ready to accept a denial, in fact she had prepared herself for it, but when these situation happened and they then decided to fabricate reasons to not give it to her she was devastated.
In Mediation I feel she has a right to have these issues resolved:
1) Harrassment by her co-workers, including defamatory comments made to her manager by her co-workers, and the supervisor.
2) Promotion to full-time effective original promotion date
3) A formal apology from the Executive of the corporation as well as the site management.
4) Back pay to that date, including benefits.
5) Review of their internal processes dealing with harrassment and discrimination.
or,
In lieu of her continued employment a settlement of $250,000 plus legal fees. Case law up here in Canada has put that as a common settlement fee over employment issues where the employer is at fault. But it usually comes from wrongful dismissal. My wife hasn't been dismissed, but in a way I kinda wish she was.
I know I'm dreaming, but she makes a pretty compelling case when you look at her documentation. The problem is the lack of witness participation. We just can't get access to them.
So what do you think?
I don't have a problem with the mediation part, because effectively if we can't resolve the issue then it will just be referred for investigation. Then the corporation will have to really justify themselves, and the investigator will gain full access and disclosure under the human rights laws.