Termination of B.C. manager highlights challenges of political differences
The Teahouse restaurant in Vancouver, where a manager was fired. Credit: Google Street View
The termination of a British Columbia manager for requesting that a restaurant patron remove his hat — which sported a slogan supporting U.S. President Donald Trump — has ignited debate around politics and the workplace.
“Nothing is black and white in the field of people,” said MaryAnn Kempe, spokesperson for CPHR Canada and past president of CPHR Manitoba. “From a people engagement perspective, going to the corporal punishment of termination should always typically be your last action.”
But with the topic of politics growing more divisive by the day, it would be wise for human resource professionals to get ahead of the issue, if they haven’t already, she said.
“We see the political divide happening in the United States — it’s very apparent,” said Kempe. “It’s on every news channel. It’s every night; you can’t get away from it.”
“So, how do we create cultures that allow for differences of opinion, differences of perspective, differences of religion? You don’t always have to agree, but you’ve got to bring some respect.”
Defending free speech
In terminating employee Darin Hodge, the Teahouse restaurants parent company said it did not support intolerance of any kind, according to media reports.
“It is because of these principles that we cannot discriminate against someone based on their support for the current administration in the United States or any other bona fide political party,” said Eva Gates, vice-president of operations for Sequoia Company of Restaurants in Vancouver.
The company’s actions in this case are understandable, according to Brian Kreissl, a human resources product development manager at Thomson Reuters in Toronto (publisher of Canadian HR Reporter).
“When you’re in a customer service kind of scenario, you’ve got to take the public as they are,” he said. “You have to be respectful and tolerant of differences of opinion — and I think that that does include political opinions.”
“As long as the person isn’t actually saying anything that’s hateful or racist… banning the person or not allowing them to be served might be a little bit much unless the entire organization has a political orientation,” said Kreissl. “If it’s just a general commercial organization, I think we have to be careful about that sort of thing.”
Going back to the first principles of the employer-employee relationship is helpful in this case, said Stuart Rudner, employment lawyer at Rudner Law in Toronto.
“As an employee, you can’t pick and choose which customers or clients you’re going to serve, the same way you can’t pick and choose which colleagues you’re going to work with.”
To decline working with colleagues or serving clients because of skin colour, religious preferences or sexual orientation is unacceptable under human rights legislation, said Rudner.
“From an employment perspective, it’s equally unacceptable to say, ‘I’m not going to serve this person because I don’t like their politics,’” he said, noting that would qualify as a fundamental breach of their duties as an employee.
“Unless there is some reason to fear for their safety or some other concern, you can’t refuse to serve a (customer) because of their political views and if you do, that should lead toA discipline.”
It doesn’t matter if the customer is your ex-girlfriend or a Trump supporter, said Rudner.
“It helps to go back to first principles… You are, as an employee, required to do your job, and you can’t pick and choose when and with who you do it.”
Article written by: Marcel Vander Weir
Article posted in: HR Reporter Canada OCT 22, 2018
Article spotted by: Kathryn Benson and posted by Louise Burden
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