InfoElectro Fall / Automne 2017

14 InfoElectro Fall 2017 By: Stuart Ducoffe, e2r Solutions D id you know that B2B e-commerce will hit $12 trillion in sales worldwide by 2020? This is up from $5.5 trillion in 2012. 1 B2B buyers now expect the B2C experience to be online. The customer is evolving and the online platform has largely aided this evolution. Unfortunately, as the old saying goes, “no good deed goes unpunished!” It appears employees, and particularly poor-performing employees (PPEs), have discovered the leverage they gain through online access to government agencies. With just one click, a PPE can file a claim against any employer. Even with the rapid growth of online sales and connections, employees still personally interact with their customers in areas such as sales and at branch counters. The employee represents the organization brand. This is heightened with the awareness and importance of diversity. A poor performer or disgruntled employee will have ramifications on both internal culture and the external customer. Although some organizations may warrant complaints that are filed against them, others find themselves the target of a disgruntled PPE. Occupational health and safety and human rights are among two of the most common claims filed by PPEs. If you’re thinking the process is too complicated for PPEs to act, you’re incorrect. Typically, any such claim comes at ZERO cost to the employee and can be effortlessly filed online. Occupational Health and Safety: Bullying/Harassment Employers have a legal obligation to maintain the health and safety of all employees in their organization. Occupational health and safety legislation also incorporates certain protections regarding violence, bullying and harassment. Most jurisdictions require employers to develop policies regarding violence, bullying and harassment, which must incorporate complaint mechanisms and investigation options. The legislation typically also protects employees against employer conduct designed to penalize the employee for having raised an issue of potential harassment/bullying. This is referred to as a reprisal action. Making the Claim Where a PPE perceives he/she may have his/her circumstances compromised or employment terminated, he/she can file a claim with the appropriate government agency alleging bullying/ harassment. In this way, the PPE can claim the employer’s response to the PPE’s poor performance was based, at least in part, on the claim of bullying/harassment and therefore a reprisal action. Such claims can be filed online and in all cases at no cost to the PPE. Human Rights: Discrimination Human rights legislation in Canada provides for equal treatment without discrimination on several legislatively-protected grounds. The protected grounds vary by jurisdiction but typically include: • Age • Disability (includes dependency on alcohol or drugs) • Marital/Family Status • Race or Colour • Religion • Sex (includes pregnancy and childbirth) • Sexual Orientation The most prevalent claim, in the context of employment, is a claim of discrimination based on disability (medical issues). Where disability is alleged by an employee, the employer is required to accommodate the employee’s disability up to undue hardship to the employer. Making the Claim It is now almost common for a PPE to provide the employer with certification of a medical condition with a view to claiming the poor performance is attributable, at least in part, to the medical condition. By doing so, the PPE is saying to the employer that the employer must accommodate the PPE’s poor performance. Where the employer fails to do so, the PPE can file a complaint. Such complaints can typically be filed online with the applicable Human Rights Tribunal/Commission and at no cost to the PPE. Even if the employer elects to oppose the claim, proceed to a hearing, and wins, the employer will not be awarded any costs and the PPE will not have to pay anything. Bottom Line: Employers need to be aware that while browsing their Facebook Newsfeed, a PPE can simultaneously press “send” and file a complaint – it’s that easy. The Many Rights of The Poor Performer – With Just One Click 1 http://ecommerceandb2b.com/b2b-e-commerce-trends-statistics/ EFC Federation Cup Golf Tournament Save the date: August 22, 2018 Employee Impact on the Customer