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Article: Woman docked pay for using bathroom due to IBS.

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Posted 12/14/2017 2:08 PM (GMT 0)
Woman docked pay for using bathroom due to IBS
https://www.thestar.com/news/canada/2017/12/05/woman-who-says-her-employer-docked-pay-for-washroom-breaks-will-have-human-rights-hearing.html
Posted 12/14/2017 5:56 PM (GMT 0)
Hate to say it, but at a job like a production line when they have a production target in terms of product per day, per hour etc. I can see it and agree with the company....

The company loses money if they don't hit production targets either so it just rolls downhill. It sucks but there's just some jobs we can't do and a job like that where you have to be present and there's a certain output per hour required just may not be suitable for her. Maybe she can see if she can be placed in another department where she has better accommodations. She had a desk job where this would be less of an issue not sure why she changed.

It's the same as a one armed or one legged carpenter. There's just certain jobs that can't be done due to a disability, it sucks but you just have to accept it and move on. Doubtful she's winning that lawsuit....
Posted 12/14/2017 6:12 PM (GMT 0)
I bet lawyers are salivating profusely, like a bulldog down both cheeks, over this one! Sounds like a grand slam for an easy win for this poor lady. Pretty much the definition of discrimination based on a disability...

Under disability acts, they should have assigned reasonable accommodations which can include reassignment of this worker to another position to accommodate her disability. I'm sure she can provide value to the company in another role, if production work is not possible. She even had experience in those roles prior at that company...

Post Edited (iPoop) : 12/14/2017 11:15:41 AM (GMT-7)

Posted 12/14/2017 6:44 PM (GMT 0)
I agree that positions and physical issues that don't mesh and aren't productive take precedent.....harrassment is another issue. There is no job in the world that I would fight for because of me losing time, and if I couldn't fit the criteria and not fulfill reasonable expectation, then I would seek another job.

Harassment (bullying, pillory...learned that one recently) is the issue here methinks, and if she wants to continue the position, hopefully she has a good doc and meds to help her achieve that.

q
Posted 12/14/2017 7:23 PM (GMT 0)
iPoop, I see what you're saying. But she saying "they're bullying me because they make me turn a sign on" is a moot point in my opinion. A manufacturing line especially automotive which is what she's doing (Magna) usually means the person behind you has a job dependent on you. If you leave, then the person behind you may not be able to do their job or could potentially have more volume, more work processes etc. to do. I'm assuming that's why she has to turn on a sign saying she is gone from her spot so that others know in regards to their job functions.

In terms of time away, we have employees at my job where if you leave the building or manufacturing floor you have to clock out and in. Common practice. If she is claiming that they cut her pay unfair in terms of that she was gone less time that they claim, then that's easy to check by the time clock where she clocks in and out. If she does not clock out when she's supposed to I guarantee they have video evidence that they can prove she is not doing what she's supposed to be.

Further, she said she signed a paper stating all their claims. Hard to sue for something after you sign a paper agreeing to it.... (“I couldn’t believe what I was hearing,” Bates said. “They had paperwork for me to sign, and I signed it, I didn’t even know what to say . . . After I did that, I thought, this isn’t right, something is very wrong.”)
Posted 12/15/2017 1:09 AM (GMT 0)
It all will come down to whether they were treating her any differently than other similar workers. Bull made a good point that others on the line may be affected by her absences but how are other workers absences handled. Humans are not robots (yet).

Just because a line of work CAN move faster does not mean it should. Repetitive stress injury is caused when humans do the same movements hour after hour without relief (not related to this case I know). Are people supposed to sell their healthy bodies to their employer and when they become disabled are then let go? Getting close to slave labor that is.
Posted 12/15/2017 6:15 AM (GMT 0)
This happened to me.
Posted 12/15/2017 2:31 PM (GMT 0)

imagardener2 said...
It all will come down to whether they were treating her any differently than other similar workers. Bull made a good point that others on the line may be affected by her absences but how are other workers absences handled. Humans are not robots (yet).

Just because a line of work CAN move faster does not mean it should. Repetitive stress injury is caused when humans do the same movements hour after hour without relief (not related to this case I know). Are people supposed to sell their healthy bodies to their employer and when they become disabled are then let go? Getting close to slave labor that is.

Agreed gardener. Problem is companies want to replace those jobs with robots cause it's cheaper and more efficient as well as more reliable. However, people don't like that either because people lose their jobs that way. Double edged sword, if things like these get a lot of complaints and law suits then people will be replaced 100% by robots for jobs such as this where you can do that.
Posted 12/15/2017 2:39 PM (GMT 0)

Andrina said...
This happened to me.

Care to share more? Curious...
Posted 12/15/2017 3:06 PM (GMT 0)
Something similar happened to me as well. I disclosed my condition to my boss (big mistake) and the harassment and ridicule started almost immediately.
This poor woman was a 20 year employee of this company, her treatment is absolutely shameful!
I hope she settles for millions and never has to work again.
Posted 12/28/2017 4:48 AM (GMT 0)

iPoop said...

Andrina said...
This happened to me.

Care to share more? Curious...

Whenever I had to use the restroom I had to fill out a list with the time I was gone. I had to put the reason down why I was away from my desk and even sign it. My boss had a doctor's note and knew I was sick yet I was discriminated. I talked to my teacher and she said I should be happy that they had me write the list and not have a colleague write it in secret. Another teacher told me I was being discriminated. One day I managed not to go to the restroom and my colleague wrote question marks on my list, meaning where is my time for that day. I tried to find legal help but the only answer I received was that if they had a camera in the bathroom then I could do something against it. But a list isn't illegal.

I didn't have a paycut but I nearly lost my apprenticeship. My boss ended up firing me but I took a lawyer and I won against him and finished my apprenticeship.
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