Question
You are the HR generalist for a small chocolate factory, Sweet Treats located in Winnipeg, Manitoba. Yesterday, the shop manager Mr. Black called you and
You are the HR generalist for a small chocolate factory, Sweet Treats located in Winnipeg, Manitoba. Yesterday, the shop manager Mr. Black called you and told you that he caught Maria - his key media spokesperson, posting Instagram and face book posts supporting their competitor. She has admitted to him that she has been "moon-lighting" - taking part-time jobs doing social media for the competitors. She states that Mr. Black doesn't pay her enough and she had to resort to taking on other work. Maria is an hourly employee and has been working for Sweet Treats for 20 years. She is 50 years old and this is the only work she has ever done. He is furious and wants to terminate her for cause, citing inappropriate off-duty conduct and a conflict of interest. Your Advice: As the HR professional advising Mr. Black, what advice would you give him and why? Back up your advice with case law and rationale. How concerned are you about an employer's ability to summarily dismiss someone for behaviour undertaken on their own time? For what kinds of off-duty behaviour do you think the employer ought to be able to summarily dismiss an employee?
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