What to do when supervisor refuses to conduct their duties.

[vickyp]

#80426

Good afternoon Glenn, require direction:
I have a supervisor:
States in his offer letter:
Hired October 17, 2018.
Salary employee.
States in job description:
Oversee day-to-day operations for various yards and for a team of employees-ensure running smoothly, cover for employees if sick/late, resolve and/all issues.
Be on-call as required.
Build, motivate, coach and develop employees.
Assisting on Salt during Winter months.

The supervisor’s main duties is for the product – Soil (Spring, Summer and Fall) and Salt (Winter).
The supervisor is refusing to “assist” with the Salt season commencing now until snow events end (approximate end of March beginning April) – we have asked he take every other weekend night shift Fridays and Saturdays. He was a filler “here & there” during the past two winters.
Please advise if the company has options.
Thank you.
Mirella Bennati

[vickyp]

#80425

Sorry, I didn’t see your follow up question. I assume you’re not federally regulated and that Ontario law applies. My first question is whether the manager is even covered by the ESA. If he clearly exercises managerial functions, he’s not an “employee” and his leave rights are dictated by his contract/collective agreement and your employment policies.
Assuming that he IS an employee covered by ESA, the question of whether he’s entitled to emergency illness leave depends on WHY he must be home to care for the daughter. He would be entitled to leave if she has COVID, is in self-isolation or has been affected by a school or daycare closure. If she’s okay and her school/daycare is open, the manager would not qualify for emergency disease leave but may qualify for other forms of leave, depending on the circumstances.
If he does qualify for leave, it would be unpaid.
Final possibility is whether the manager has requested the schedule change as a reasonable accommodation based on his family/parental status. The question of whether you’d have to make that accommodation or whether it would impose undue hardship, would again depend on the facts. But based on case law, the manager would have to show a compelling reason why he has to be home with the daughter and why at that particular time. His mere personal preferences won’t be enough.
Does that cover everything? Pls do get me on gmail any time you have an urgent question since I don’t check Ask Experts as frequently as Gmail, and may not notice follow up questions as part of an existing thread. Good luck.

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