Premium Essay

Mel James Case

Submitted By
Words 1365
Pages 6
Introduction
Mel James has worked at SpeedyPack Delivery for nine years, and has always been a reliable employee. However, his outspoken advocacy for the union has left him without friends on the management team. James’ driver’s license was suspended for one week for sitting in the driver’s seat of his vehicle while waiting for an Uber to take him home safely after a night of drinks with co-workers. While James informed management immediately and expressed his remorse, demonstrating a willingness to assist in the understaffed warehouse during his brief, one-week suspension, he was dismissed for violating the Employee Handbook rule on unsafe driving. The union has five distinct arguments which prove Mel James’ termination from SpeedyPack Delivery …show more content…
According to the policy on Unsafe Driving, “drivers and delivery persons must exercise caution, care, and professionalism when operating their company vehicles at all times.” The policy elaborates on driving practices that are considered unsafe, which include “driving while under the influence of alcohol or drugs.” The language used in this policy suggests that it is only in effect when operating a company vehicle. In this specific case, Mel James was in a personal vehicle, and his license was suspended while off-duty. Management should be well aware of the limitations of the policy with regards to off-duty conduct, as “the basic rule is that an employer has no jurisdiction or authority over what employees do (including where they live) outside working hours, unless it can show that its legitimate business interests are affected in some way” (Brown & Beatty, 2006, 7:3010 Off-duty Behaviour). James’ off-duty actions in a personal vehicle did not harm the reputation of the company nor did they prevent him from working at the company, as he agreed to take on an alternate role during his short license suspension. In an arbitration between The Corporation of the Town of Gravenhurst and the Ontario Public Services Employees’ Union, the grievor was employed as a vehicle operator and lost their license during off-duty hours. The union was able to prove that the license suspension “arose as a result of off-duty conduct, and was unconnected to the grievor’s operation of vehicles or equipment while employed” and the grievance was upheld (Gravenhurst v OPSEU, Local 325, 1998). However, management will likely argue that a one week license suspension “renders the employee unable properly to discharge his or her employment obligations” (Brown & Beatty, 2006, 7:3010 Off-duty Behaviour) as a

Similar Documents

Premium Essay

Speedypack Delivery Case Summary

...The union has identified three responses to the arguments brought forward by the management of SpeedyPack Delivery during the arbitration against Mel James on Wednesday November 30. Management has argued that they have demonstrated progressive discipline throughout Mel James’ employment and the union has identified two flaws within this argument. When practicing progressive discipline, management in turn violated their own policy regarding unsafe driving. Management also made the assumption that Mel James had kept his second offense from management, which was not a rational presumption. Management also argued that allowing Mel James to work in the warehouse for the duration of his license suspension would have caused undue hardship on the company. However, it was clearly stated...

Words: 793 - Pages: 4

Premium Essay

Compare And Contrast The Lion The Witch And The Wardrobe And Aslan

...The Lion the Witch and the wardrobe not only is for children but adults alike. It allows a child’s imagination to meld right in with the movies story-line. The story also sets the stage to teach viewers a few things about forgiveness, kindness and trust. All while Aslan the lion truly being the main role of the movie. Liam Nesson did an excellent voice over for Aslan by bringing authority and understanding to the part. Sadly, Aslan is not seen until later in the movie and even then, only had a few scenes. This is one thing that the movie could have done differently by introducing the viewer to the lion earlier in the beginning of this movie since His role is so important and vital to the movie’s plot. The director also puts a few things that...

Words: 597 - Pages: 3

Premium Essay

James Dailey Case Study

...a usually happy town was in shambles. The second murder in the same amount of months had taken place. The chalk outline of the Honourable Judge Thompson still there despite the heavy rain. Judge Thompson was a good and fair judge. The last case he presided was the rape and murder of Christina Jackson, daughter of Mel and Christopher. The Jacksons’ were a family of six, Mel and Christopher with four children, two boys and two girls. The case was a relatively short case it lasted about a month and it was the first ever case of it’s kind in the entire county. The convicted was a young man named James Dailey, the Dailey family was the richest family in the entire state. James was sentenced to ten years in jail which was one of the longest sentences this part of the state had ever seen. The Dailey’s were enraged and out for revenge after the sentence was handed out. It came as no surprise to anyone that one week after the verdict was handed...

Words: 1361 - Pages: 6

Premium Essay

What We Talk About When We Talk About Love

...Valeria Bonaguro A. Anyfanti LIT 2020 09 Dec. 2011 Communication is Key Communication is when someone gives or receives from another person information about that person's needs, desires, perceptions, knowledge, or affective states. Human beings need to communicate in order to share and makes other understand their sense of self and awareness of who they are. Expressing and listening others self-concept are essential for successful relationships in any area of our lives. Raymond Carver, an American short story writer and poet, was always concerned with the ways...

Words: 1331 - Pages: 6

Premium Essay

Should Marijuana Really Be Illegal in America?

...The search ended when they learned to plant the native grains (grasses) and developed agriculture. Agriculture requires a commitment to the land and grants a steady food supply which enables people to form permanent settlements. Cannabis and Neolithic bands probably came in contact often as plants invaded the fertile clearings — the campsites, roadsides, fields and garbage heaps — that occur wherever people live.”(Mel Frank and Ed Rosenthal) It was primarily used for the production of hemp. Hemp is a fabric made of the fibers that separate from the stem of the cannabis plant when it decays. Hemp fabric is extremely strong and durable, especially when compared to cotton fabric. The ancient Asians used hemp to make their clothes, fish nets and ropes. Hemp eventually became so popular that it clothed the majority of the people during the time period. “As their culture advanced, these prehistoric people replaced their animal skins with hemp cloth. At first, hemp cloth was worn only by the more prosperous, but when silk became available, hemp clothed the masses.”(Mel Frank and Ed Rosenthal) Hemp was only one of many uses for the marijuana plant. The ancient Asians even found a way to use the plant seeds for food. “People in China relied on Cannabis for many more products than fiber. Cannabis seeds were one of the grains...

Words: 3444 - Pages: 14

Premium Essay

Psych

...psychological disorder (sometimes there may be more than one character; I have given you the character with the most obvious symptoms). In your paper, you should give a brief description of the character. Then, you should answer the following: o Identify the diagnosis that you would make of the character. • You should back up your diagnosis with the relevant symptoms displayed by the character (in other words, explain why did you make the diagnosis that you did). Refer to the movie to illustrate the symptoms that the character demonstrates. • Discuss all the possible symptoms of the disorder; does the client show all the possible symptoms, or only some of the possible symptoms of the disorder? • In some cases, the character may be lying, and does not really have a disorder. For example, the person may be faking the disorder to avoid prosecution for a crime. If you feel that the character does not really have a disorder, what makes you think that the person is lying? What evidence is there that the disorder is not genuine? What do they do well in faking the disorder? o You should summarize any possible origins of the disorder. o Is it likely to be genetic? Is it likely to be caused by stress, or by exposure to...

Words: 1508 - Pages: 7

Premium Essay

Natural Law Religious Studies

...Part (b) ‘Natural Law as an absolutist/deontological theory cannot work in today’s society’ Natural Law was first propounded by Aristotle 4th century BC, it was a secular theory at the time of Aristotle. It was later revived in the 13th century AD by St. Thomas Aquinas, catholic theologian. In today’s society certain aspects of Natural law would be recognised as outdated and a theory that needs to be analysed. Many would agree with the statement ‘Natural law as a theory cannot work in today’s society’. Atheists would dispute the claim that God-given reason and nature provide us with the source of law. As Mel Thompson states in his book Ethical Theory, if one comes to the conclusion based on observation such as innocent suffering the world ‘is unlikely to be the product of an omnipotent or loving creator then the natural law argument loses its foundation. James Rachels also states that ‘the theory of Natural Law has gone out of fashion’. The world described by Newton, Darwin and Galileo has no place for “facts” about right or wrong. Their explanations of natural phenomena make no reference to values or purpose. ‘Perhaps no absolutist laws exist and there are no ‘right or ‘wrong’ actions as defined by a deontological approach. The problem with an absolutist and deontological approach is that it fails to consider several other factors in any moral action such as the individual, the culture, the individual’s situation or the consequences. A follower of situation...

Words: 839 - Pages: 4

Free Essay

Blahahahah

...Pop art is now most associated with the work of New York artists of the early 1960s such as Andy Warhol, Roy Lichtenstein, James Rosenquist, and Claes Oldenburg, but artists who drew on popular imagery were part of an international phenomenon in various cities from the mid-1950s onwards. Following the popularity of the Abstract Expressionists, Pop's reintroduction of identifiable imagery (drawn from mass media and popular culture) was a major shift for the direction of modernism. The subject matter became far from traditional "high art" themes of morality, mythology, and classic history; rather, Pop artists celebrated commonplace objects and people of everyday life, in this way seeking to elevate popular culture to the level of fine art. Perhaps owing to the incorporation of commercial images, Pop art has become one of the most recognizable styles of modern art. By creating paintings or sculptures of mass culture objects and media stars, the Pop art movement aimed to blur the boundaries between "high" art and "low" culture. The concept that there is no hierarchy of culture and that art may borrow from any source has been one of the most influential characteristics of Pop art. It could be argued that the Abstract Expressionists searched for trauma in the soul, while Pop artists searched for traces of the same trauma in the mediated world of advertising, cartoons, and popular imagery at large. But it is perhaps more precise to say that Pop artists were the first to recognize...

Words: 1367 - Pages: 6

Premium Essay

Servant Leadership

...of leadership. PROJECT The project is to implement 660 new HP 6000 Series laptop/desktops computers into the 7 elementary school classrooms, carts and get ready for teachers by the 2nd week of August. This gives the Department of Technology six weeks to complete the job. There are two Schools that have summer schools going on until August 28th. All old equipment has to be removed and brought to the warehouse for central storage then final pickup. The schools are listed DJM, JBBES SES, MWES, and JRES. The last two are going to be held because of summer school that is MES, and CBB, they will start on August 28th. STAFF The Department of Technology Staff, Team a - Cathy, Jeff, Kirby, Jason, Steve, Mel Team B – Cary, Russ, James B, Adam, Chris, Kent. Engineers- Kevin, Wayne, James W. The IT Staff has had a few changes. The original supervisor quit and the department is running one person short, and the school decided not to replace that person so everyone has gotten an extra job. The staff has put in for vacations...

Words: 1330 - Pages: 6

Premium Essay

Nfj Personality

...I often find myself staring off into space, daydreaming about something, most the time it’s about murder cases; the only reason for this is because I am going to be a prosecuting attorney. I strongly believe my imagination will come in handy when it comes to murder cases due to the fact that I can easily paint a picture of the jury. According to 16 Personalities “[I] will simply wilt under the scrutiny, criticism and pressure of [the] courtroom prosecution and defense …” however, I strongly disagree with this because I have been in a courtroom before and I enjoyed the environment around me. I believe my imagination will do wonders for my career path I am wanting to take, however, I strongly believe that being private will hurt...

Words: 1153 - Pages: 5

Premium Essay

Policy Brief on Principal Evaluations

...Policy Brief: Are Principal evaluations a true assessments of their leadership abilities? EXECUTIVE SUMMARY Are principals’ evaluations a true assessment of their leadership abilities? Throughout this policy brief, justifications for principal evaluations are given, and the evaluation model is explained. Furthermore, a case is built to justify why the evaluation model needs to be reexamined to better represent a principal’s ability to positively lead a school. In addition, suggestions are given to adequately reflect principals’ abilities as leaders and to improve the overall effectiveness of the Tennessee evaluation process of administrators. Justifications for Evaluations Just as teachers should be rated by the performance of their students, principals should be rated by the performance of their schools. Quality school leaders can set high expectations for instructional practices and for creating positive learning environments. They can help improve instruction, and they can build a climate where teachers trust and find value in their own evaluations. In contrast, weak school leaders can wear away the overall school quality by not demanding or supporting excellence. “Principals exert indirect influences on student achievement through their effect on school climate”(Leeper, Tonneson & Xu, 2013). Assessing a school principal’s performance is both necessary and challenging. A principal’s impact is extremely significant because the actions a leader take creates...

Words: 1227 - Pages: 5

Premium Essay

Business

...IT’S MY BIKE Debbie Martin was overjoyed when she was selected the new Supplier Quantity Manager for the commercial product division of Cold Air Corporation. In this role, she was responsible for monitoring the quality of component parts for twelve production lines scattered throughout the large manufacturing plant. When she started the new position, Debbie knew she would be faced with many opportunities and conflicts. Her immediate supervisor, the manager of shipping and receiving, was not known as an easy person to work for. He expected his subordinates to have a take charge attitude and to avoid bothering him with trivial issues. What Debbie had not envisioned was just how trivial and non-productive some of the conflicts in her new position would be. She certainly had not expected to be on the verge of a fistfight. Debbie was just starting her shift when she received a telephone call from Ronnie, one of her subordinates. Ronnie was a purchasing parts inspector, and was responsible for inspecting certain incoming parts for all production lines in the plant. He was complaining that the Airhandler Quality team had borrowed “the bike” for a special project and would not return it. He reminded Debbie of his current project and how covering the entire 15-acre plant on foot would only delay completion of the project. Debbie rolled her eyes as she thought about the logistics of inspecting component past’s three separate buildings. She also realized that Ronnie had a...

Words: 11418 - Pages: 46

Free Essay

Southcorp

...a number of brand names, including three of Australia's largest wine groups, Lindemans, and Penfolds, as well as Rosemount Estates, acquired in 2001. Other major wine labels include Wynns and Seppelts--the company has been working to reduce its total number of branded wines to under 850 by the end of 2003. In total, Southcorp owns more than 8,000 hectares of vineyards, and is the largest single landholder in the highly prized Coonawarra region. The company's combined volume, excluding bulk volumes, topped 22.2 million cases in 2001. The company's core brands, including Wynns, accounted for nearly 14 million cases. The United States represents a primary market for Southcorp, absorbing more than five million cases, while Europe accounts for nearly 7.5 million cases of Southcorp-produced wine. The company also owns small winery operations in the United States, where it has formed a joint venture partnership with Robert Mondavi, and in France, where it holds the James Herrick brand. Originally a beer brewer turned diversified conglomerate--the company's former holdings included a large water heater business--Southcorp has transformed itself into a focused wine group, completing the divestment of its water heater operations in 2002. Listed on the Australian stock exchange, Southcorp posted total group sales of A$2.82 billion (US$1.59 billion) in 2002. On 13 January 2005, Foster’s Group Limited announced the purchase of an 18.8% interest in Southcorp Limited from Southcorp’s largest...

Words: 2555 - Pages: 11

Free Essay

Geography Final Project : Liberia

...Liberia is the sole country in Africa that was colonized by the United States this is the same country that in the past 20 years has been devastated by war and disease. Can this country come back from a civil war and the devastation of the Ebola virus disease over the past year? Liberia has been subjected to an outbreak of Ebola virus which has sent the country's health care system reeling. The country has made some strides, it has become the first country in Africa to elect a woman as president but with all the strides that have been made can Liberia rebuild their government? Can essential services such as power and electricity be implemented all over the country? Can Liberia survive and rebuild the country? This paper will look at those issues to see if they can. Liberia is a nation in West Africa that lies on the coast close to the Atlantic Ocean. The name Liberia originates from the Latin word "liber" and it implies freedom and alludes to the country's starting point as a settlement of free blacks repatriated to Africa from the United States in the mid nineteenth century (Sherman, 2011). It was built up in 1833 by a gathering of North American liberated slaves supported by the Maryland Colonization Society. The undertaking had a specific enthusiasm for Maryland as the American state with the biggest number of free African Americans. With budgetary help from nearby parts, places of worship, and the assemblies of Border States, the general public paid for the transportation...

Words: 4022 - Pages: 17

Premium Essay

Death Penalty

...for producing money, or a deterrent for future crimes. It is important that the United States come to some conclusion so we can end the death penalty debate; we want the truth, not assumptions that can be argued to no end. This paper will discuss the ins and outs of the death penalty, why it has created much debate, why it is not a deterrent of murder, and that it is mostly used as a political tool. There have been many studies done to both effects; the death penalty deters crime, or it does not deter crime because the previous studies were flawed. First presented is a brief history to better understand where the death penalty comes from. The next section will discuss the modern approaches to the death penalty including landmark cases that changed the way the death penalty is executed in the United States. Following this section is an explanation of deterrence and its effects, and other controversies that exist. Finally the paper will discuss the death penalty as a political tool, and why we should remedy the debates once and for all by abolishing the death penalty. There will be many studies discussed for and against the death penalty, however to introduce a different approach to this greatly researched topic, this paper will analyze the gubernatorial races from 1980-2009, and the majority view of...

Words: 5088 - Pages: 21