sleeping on the job

OLRB rules that sleeping on the job does not constitute “intentional misconduct” under ESA

July 22, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Anyone involved in human resources may think that if an employee who works in a manufacturing facility surrounded by potential health and safety hazards is found sleeping on the job on more than one occasion, they should be dismissed for cause and disentitled to severance of any kind. That would be a reasonable “gut reaction” to this type of fact situation. In fact, such decisions are routinely upheld by both the courts and labour arbitrators.

appropriate workplace conduct, employment law, employment standards act, intentional misconduct, Ontario Labour Relations Board, potential health and safety hazards, progressive discipline policy, sleeping on the job, statutory termination pay, termination pay, ulpable or non-culpable explanation, willful misconduct, “zero-tolerance” policy

Sleeping on the job: not just for slackers

January 24, 2011 Adam Gorley Health and Safety, Human Resources

If you’re like most nine-to-five workers, you probably feel a bit slow sometime after lunch. Maybe you reach for another cup of coffee or tea. Maybe you grab some fresh air, a piece of fruit or something sweet and sugary to get you through. But in many cases what you really want is to place your head on your desk and close your eyes for a few minutes. Of course you can’t though—what employer in its right mind would let you do that?

conduct and behaviour, employee relations, Employees sleeping on the job, employees taking naps, employment law, productivity, sleeping on the job, The Energy Project, valid reasons to worry about workers napping, workplace performance