Well - it’s been a while since I’ve been pissed off like this.
I’ve worked at Ocean Fish for the past five years and have never declined work, always worked to the best of my abilities and have never disrespected anyone there.
Tonight at the end of our shift one of the Charge Hands of a department at Oceans verbally attacked me for no apparent reason, well there was a reason but a very stupid one at that.
He was trying to force me to work in a department which I wasn’t dressed for, that and I put in my Departmental Preferences that I physically cannot work in that Department…
He basically told me “I don’t care what you say, You’ll work wherever I tell you to work” then he commented on my not being “properly dressed” to work at the Fish Plant.
This guy was verbally attacking me obviously thinking I was a fucking idiot or something, little does he know I’m a certified computer analyst and he just messed with the wrong fucking person.
After I get some feedback on this forum I’ll be paying a visit to our local Union, Mailing a MLA in our area and voicing my concerns to the company Ocean Fish.
Thanks for taking the time to read it… sorry for the wall of text?
Oh and - the friggen idiots threw my $120 Boots that I bought from Slickers in the Garbage!!
I was told by management at the plant that they did a “clean up” of the locker rooms last week and they threw all the boots in there away.
This is completely retarded that they went ahead and “cleaned” the locker room and threw all of the workers possessions there without some sort of
meeting or notice about it.
I was forced to use boots two sizes too small (I couldn’t take them off at the end of the shift… I had to rip them off because my legs were so swollen that the circulation was near cut off).
I questioned these actions, was told that the Head Honcho down there was aware of it but didn’t want to have anything to do with it so he could deny everything.
I’m very pissed off with this company - I’m a full time student working to make what little I can from that plant and they go and throw away $120 boots that I can’t replace until next payday…
I shouldn’t have to replace them, they should…
Unfortunately, you can’t really do anything about your boots, or your clothing. The Employment standard act states this about uniforms and special clothing:
[quote]Uniforms and Special Clothing
If an employer requires an employee to wear a uniform or special clothing, the employer must provide, clean and maintain it at no cost to the employee.
Special clothing is clothing that is easily identified with the employer; for example, clothing with a company logo or unique company colours.
Special clothing includes a requirement to wear the garments that the business is currently selling. A dress code (no jeans, no cut-offs, dark clothing, business casual) is not a uniform.
Employers and employees can agree that the employer will reimburse employees for cleaning and maintaining the special clothing.
Personal safety equipment required by the Workers’ Compensation Board is not considered special clothing unless the equipment also associates the wearer with the image or identity of the employer. [/quote]
In otherwords, unless those boots, and the clothing you’re supposed to wear to work, has the company logo on it, they don’t have to do anything about it. Unless, of course, your contract says that they are required to supply those types of things. I’d look into your contract, or at least speak to a union shop steward first. Maybe you can file a grievance and at least get money to pay for new boots.
And as for the area you’re working, do you have a doctors note stating you’re physically un capable of working that position? You’d have a pretty solid case if you did.
Are you the only person the management treats this badly? If so, you might have a discrimination case. And if not, the union can do a mass grievance for the un savory behavior of management.
sounds like a shitty day at work but really what is going to the MLA going to solve . why does everyone think going to cullen is going to solve all their problems? lol
[quote=“AndrewMorgan444”]Oh and - the friggen idiots threw my $120 Boots that I bought from Slickers in the Garbage!!
I was told by management at the plant that they did a “clean up” of the locker rooms last week and they threw all the boots in there away.
This is completely retarded that they went ahead and “cleaned” the locker room and threw all of the workers possessions there without some sort of
meeting or notice about it.
[/quote]
Sounds like a breach of bailment. Here’s a definition from a BC court case:
“Bailment has been defined as the delivery of personal chattels on trust, usually on a contract, express or implied, that the trust shall be executed and the chattels be delivered in either their original or an altered form as soon as the time for which they were bailed has elapsed. It is to be noted that the legal relationship of bailor and bailee can exist independently of a contract. It is created by the voluntary taking into custody of goods which are the property of another.”
Bailees have duties to the property owner including: “The element common to all types of bailment is the imposition of an obligation, because the taking of possession in the circumstances involves an assumption of responsibility for the safe keeping of the goods.”
The collective agreement may have some language around employee lockers. If so, file a grievance.
If the union says that the collective agreement does not cover the situation, then file a small claims action, citing “breach of bailment”; also cite “trespass to property” (if one does not cover the situation, the other should). The court clerks can help you with the filing procedures. There is a filing fee of around $100; include that in your claim along with the cost of the boots. There will be a mediation conference before it goes to court; many disputes are resolved through mediation.
While things are still fresh in your mind, jot down the details and date of the conversation with management. That could be helpful in a grievance or a small claims action. Ask the manager involved to sign your notes. He’ll probably refuse, but no harm in asking, and it may put him on the defensive. Get the exact cost of the boots from Slickers. If you do not have the receipt, ask them to write it down on their letterhead.
That really doesn’t matter. Management has already acknowledged what happened.
These are potential issues here under the Occupational Health & Safety Regulations. Part 8 covers protective clothing and footwear (this isn’t a dress code and uniforms issue). The employer has to ensure that you have proper clothing and footwear for the situation. Note the following in particular:
“8.10 (1) The personal clothing of a worker must be of a type and in a condition which will not expose the worker to any unnecessary or avoidable hazards. … (4) A worker must wear the appropriate footwear and ensure that it is in a condition to provide the required protection.”
See the employer’s and supervisor’s general duties in sections 115 and 117 of the Workers Compensation Act to “ensure the health and safety of all workers working for that employer”, and to ensure that workers comply with the regulations.
The supervisor cannot send you to work wherever he tells you if you are not appropriately dressed or if you have notified them that you cannot physically work in that area. Doctors notes are helpful, but if an employer is notified that a worker has a disability, human rights legislation requires that they inquire and make any necessary accommodations. Enforcement action can be taken if employers and supervisors do not properly discharge their duties in those regards. This supervisor does not seem to properly understand his responsibilities, which really does not surprise me that much.
It would be best to talk to a Worksafebc safety officer (Prevention Division), including about whether you have grounds for a complaint. Complaints can be handled confidentially. Note that section 151 of the Workers Compensation Act prohibits discrimination against workers who give the board information about workplace health and safety. That in itself can become the subject of a complaint, investigations and orders.
Their number in Terrace is 1-800-663-3871. If the officer is not in, ask to talk to the duty officer in PG. You don’t have to clear that with the union, by the way. Worksafebc has jurisdiction over unions as well as employers, supervisors, and workers.
There may also be issues under the collective agreement around which departments you can be sent to. Best to take that up with union. Keep in mind that you may have two separate complaints, one under the OH&S Regulation and one under the collective agreement. One does not preclude the other.
[quote=“AndrewMorgan444”]Well - it’s been a while since I’ve been pissed off like this.
After I get some feedback on this forum I’ll be paying a visit to our local Union, Mailing a MLA in our area and voicing my concerns to the company Ocean Fish.
[/quote]
I wouldn’t involve the MLA. I also agree with decker about talking to Cullen. Neither can get involved in these issues, and generally it is best to avoid shotgun approaches.
You really need to talk to the union and Worksafebc and work through them as far as possible. I would also be cautious about voicing concerns to Ocean Fish, other than through the union and Worksafebc. You wouldn’t want to inadvertently compromise whatever actions the union or Worksafebc may take. The exception is if you end up having to sue the employer in small claims court for the cost of the discarded boots because the collective agreement does not apply. You could write them a letter seeking compensation for the cost of the boots and stating your intentions before filing a small claim.
Yeah… FFS don’t run to court about some $120 boots without at least trying something basic like talking to someone about it. The courts are clogged enough as it is. Talk to your shop steward. That’s what they’re there for. Courts are a last resort, not your first choice.
I agree with CrazyMike. The courts should be your last resort.
If you don’t get any satisfaction talking to your union representatives you could perhaps write a letter to management. In the letter you could detail your concerns and attach documents showing that you plan to sue them in small claims court for the cost of the shoes and the court filing costs if they fail to replace your property. The letter may encourage them to pony up the money without you needing to go to court.