Illness & Absenteeism is an invaluable resource which will save you time, money and aggravation. While other publications consider certain aspects of illness and absenteeism, they do so in a very limited or academic way and don’t provide the problem solving tools that you require to actually deal with the situation at hand This manual, which is designed for human resource personnel, union representatives and labour relations practitioners of all experience levels includes over 865 pages of in-depth coverage of all aspects of illness and absenteeism. It provides you with more than just the case names – it gives you the answers that you need.
Illness and Absenteeism is very comprehensive, but at the same time, extremely easy to use. Its 865 plus pages will provide you with an immediate understanding of the legal principles which impact your particular fact situation. Its in-depth treatment of the subject matter makes it an excellent resource for preparing and supporting cases at arbitration.
The manual is uniquely designed to guide you through complicated issues. Each of the 17 chapters begins with an overview of the arbitral law applicable to that topic. The overview is followed by a succinct statement of principles that are discussed in the chapter. Each principle is then referenced to the pages where it is discussed. The principles are, for the most part, illustrated by extracts from arbitral decisions. The extracts have been carefully selected to assist in understanding the approach that an arbitrator is likely to adopt when adjudicating a particular fact situation. Some topics are supported by a checklist designed to assist in assessing the workplace issue in the context of the stated principles.
Chapter 7 has been included here for illustrative purposes. This chapter, which addresses the issue of Medical Certificates, is described briefly in the manual’s Table of Contents as including
The right to require a medical certificate, establishing the existence of reasonable grounds for requiring a medical certificate, permitted scope of a medical certificate, the need for an employer to challenge an inadequate medical certificate in a timely manner, the right of an employer to challenge a physician’s assertions or recommendations
The Overview for Chapter 7 is set forth at pages 95 to 97.
The governing principles are set forth at pages 98 to 100. Clicking on the page reference for a principle will take you directly to the pages where that principle is considered. Clicking on a link at the bottom of any of these pages will return you to either this page or the pages where the principles are set forth.
Don’t forget to review the Checklist that starts at page 163. Many of the questions on that checklist provide easy reference back to the pages in Chapter 7 that addressed the governing issue, while others provide reference to related principles or considerations that are discussed in other chapters.
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The manual will be updated on a continual basis. The updates will appear on the subscriber portion of this website. The manual is updated monthly. The consolidated update appears on the password-protected portion of the website that is available only to Manual subscribers.
Complex issues can be simplified into a series of simple but interrelated principles. They can be expressed in an insightful and yet in-depth manner. That is exactly what this manual does. The principles have been formulated with integrity. They will stand the scrutiny of arbitration, and can be relied on by either party as an accurate synthesis of the law.
The manual is educational. It provides a quick and ready reference that can be used to instruct union and human resource personnel, supervisors, and union stewards.
The manual can be used to avoid potential issues. Knowing what needs to be done, from either a management or union perspective, can pave the way for positive workplace resolution.
The manual’s wide acceptance will enable you to use it to enlighten the other party. “Seeing it in writing” can cause an adversary to reconsider its’ preconceived but erroneous view. Knowing the law can indeed assist with an early resolution of a difficult matter.
Illness and Absenteeism is by far the most difficult topic facing those in labour relations. The interrelated concepts and principles, and their application to the facts, can stymie even the most experienced practitioner. The resultant uncertainty creates stress for anyone tasked with dealing with the issue. The manager wants an answer from human resources; the employee wants an answer from her union representative; and the senior partner who is about to enter a hearing is waiting for an answer from her associate. And they are all waiting for the correct answer. Now you will be able to give it to them. Knowing that you can meet their needs will minimize the stress that you would otherwise face.
There is a human cost to these issues. Some of it may be brought on by the employee, some by the employer or union, and some by the time incurred in arriving at a resolution. A delay in resolving an issue may mean that the employer loses a much-needed employee, and the employee loses a much-needed income. The employee’s effectiveness, and indeed the likelihood of the employee ever being able to return to work, decreases significantly with the passage of each month. Arbitrations take a human toll on all parties; a toll that can often be avoided.
Knowing what needs to be done at the outset can help you avoid costly arbitrations that have the potential to destroy your budget.
Are either of the parties going to be using legal counsel on a particular file? Consider the money that can be saved if you are able to better identify the facts and issues at the very outset of the retainer. The manual can help you do that. In some cases, the manual will also equip you to identify issues that counsel might have missed. The result is likely to result in better representation at a somewhat reduced cost.
Lost work days can have a tremendous cost to an employer. The average weekly earnings for August, 2011 (Canada) were $865 per week. Add in benefits, and the manual pays for itself if it saves only two days pay over the course of a year. The reality is that this amount can be saved many times over.
If you deal with illness and absenteeism, you simply cannot afford to be without this manual.
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