NOTE NEW DATE!
When an employee has performance, disciplinary or other problems at work, the employee may be dealing with a health issue, a disability, problems at home or some other factor that is contributing to their work problem.
Before resorting to discipline or performance management, the employer has an obligation to try to understand the cause of the employee’s problems. In some situations, performance management or discipline may not be appropriate. This obligation to find out the cause of the problem is called the employer’s ‘duty to inquire’.
An employer’s failure to properly inquire, or to properly assist or accommodate an employee who reveals problems, can be used to overturn discipline in the grievance process.
A counterpart to the employer’s ‘duty to inquire’, is the employee’s ‘duty to disclose’. If an employee, when asked if anything is causing the problem at work, refuses to disclose factors contributing to their work problems, it will be harder to defend against discipline.
What does the duty to inquire look like, when the employer does it well? What should stewards do when the employer doesn't seem to be going about their duty properly? What if the member isn't disclosing anything? What should a steward advise the member?
In this Zoom session, we'll cover what stewards need to know about the duty to inquire and the duty to disclose, and the processes at YG.
You can take leave under Article 11.10 but only if you RSVP by clicking the red button below!
Here is the Zoom link:
Non-YG stewards are welcome too and may also find this session helpful.