Mark Fijman
speaker
633 appearances
2 recordings
1 series
first heard Nov 2011
last heard Jan 2012
Mark Fijman’s voice in public audio — every appearance, attributed to the second.
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Appearances
you know, to be uh uh in violation of the National Labour Relations Act and any other applicable laws.
Uh one other thing to put in is avoid the use of the word disparagement.
Uh there was a very uh very well publicised case that kind of put this on the forefront where this uh lady said all sorts of nasty things about her supervisor and the key part of this, where it kind of whether it when it crosses the line to being concerted activity under the act is
it elicited comments from other employees and that's what made it protected under the act.
Um
Don't use the word disparagement.
In that particular case
the policy s said, you know, had prohibited disparagement of the company or its supervisors and
That's such a broad term that it invites the National Labor Relations Board to find your policies over broad.
And they can file an unfair labor practices complaint simply on your policies being too broad.
It doesn't matter if you di haven't disciplined anybody and you haven't terminated anybody.
You can get a complaint simply on the basis of the policy.
Um
And generally avoid overly broad language.
uh you know, keep it relatively general.
And
And and one one piece of advice and it's really not part of a policy, um, but in looking at all these
complaints that have been filed, you kinda get the picture that in a lot of cases the employment decisions made by the made by the company were made in the heat of the moment when they were real mad at the employee for saying, you know, nasty, awful stuff about them, that if they had stepped back and cooled down, they probably would not have made the decision.
So it's also important to
view each of the situations that that arise on a on a case by case basis because they're they're not all going to be the same and it's very hard to have a policy that, you know, is gonna fit every situation.
Showing 241–260 of 633 · page 13 of 32
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