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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Does a written agreement between a supervisor and a subordinate

Customer Question

does a written agreement between a supervisor and a subordinate written by the supervisor setting the guidelines and expectations of the working relationship is isgned and dated by both parties constitute a contract? The result of breaking the agreement can be suspension without pay or immediate dismissal and resulting loss of income.
A little background the supervisor wrote up the contract stating that both parties would partake in a mutually beneficial collaborative working relationship this agreement was within the framework of the companies own guidelines for proffessional conduct as the profession namely social work requires ethical conduct and confidentiality. The supervisorwrote up a seperate agreement and "forced" all those within her jurisdition to sign and date as she did as well. The supervisor broke the ethics of her college breaching the confidentiality one social workerthereby breaking her own agreement when the worker complained he was disciplined and dismissed. She then broke the agreement with another worker who complained and and was disciplined then subsequently dismissed.
Even though the supervisor by her breaches of ethics and confidentiality (which are connected)broke her own agreement constituting a situation referred to in the companies disciplinarian procedures as "gross " misconduct" she has never been disciplined even though gross misconduct requires immediate dismissal. The subsequent dismissal of the two offended parties caused them considerable damage basically not only a loss of the job but substantial damage to their reputations which has made it difficult to aquire employment to mitigate any damage.
So the question is, is the agreementseperately drawnup constitute abreach of a contract.
Or is the overiding employment contract been breached because of the unfair treatment of the supervisor and the lack of accountabilityof the company to enforce the agreement or their own guidelines by arbitrarily dismissing the offended parties and their lack of holding the supervisor accountable under the employment contract signed by the employees as a matter of course before accepting the job itself.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
I have a few questions. Are you in a union?Have you tried going over this person's head?Are you being disciplined or dismissed? (Your post is a bit hard to follow).
Customer: replied 1 year ago.
No not in a union Tried going over her head but the CEO was protective of the supervisor even though she did violate company policy to the degree of Gross Misconduct according to the companies own disciplinary policy which requires immediate dismissal. The supervisor is still there and unpunished. She did acknowledge her wrongdoings and apologised (so her actions are facts not indispute) The apologies were not acceptable to the employees and within a month of the accusations about the supervisor the two employees have found themselves dismissed(constructively)because the reason for their dismissal was that the agreement stated that if they had a complaint they had to deal directly with the supervisor(the violator of the agreement) so the claim was they had broken their agreement that they both had signed.Have I lost you yet or are you laughing too hard to read this. This is not for me itis my wife and a co-worker that I am trying to cross this minefield for. I'm representing them before the Alberta Human Rights Commission on discrimination charges(they are the plaintiffs in 3 seperate cases)we have recordings and secretely leaked documents about the discrimination so those facts are no longer in dispute (this employer is a piece of work) What I'm asking is, is the secondary agreement written by the supervisor and supported by the CEO a contract (signed by both parties and dated ) or is the breach of contract in the violation of the companies own policies that are part of the overall written agreement to work for the company. Or is it a breach by both. Or is the supervisor not in breachbecause she acted on behalf and in concert with the management. Or are they co-defendants
Customer: replied 1 year ago.
As wellin diseminating confidentialinformation aboutthe 2 employees she had broken her own agreement and subsequently company policy as well
Expert:  Legal Ease replied 1 year ago.
It sounds like a breach of two contracts. And it sounds like the employees are treated terribly here and the employer doesn't understand that he/she owes them a duty of care.It is also clearly not acceptable to release confidential information. This is all clear grounds for claiming constructive dismissal.
Customer: replied 1 year ago.
Thank you , you thought so just needed a second opinion
Expert:  Legal Ease replied 1 year ago.
You are vey welcome.

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