In human resource management and labor relations, sleeping on the job can get someone fired. Employers expect their staff to put in a number of hours while on duty. And therefore sleeping on the job can deprive the company from having these hours. The consequences of sleeping on the job can be different and vary in severity depending on the industry. A customer service representative who sleeps on the job way wake up to disgruntled customers and an angry boss while a safety inspector who sleeps on the job can cause serious and fatal accidents. In this case we look at the case of a truck driver who has been terminated for sleeping on the job. The next case is that of discrimination against a union official.
Part A: Sleeping on the Job
Should the Company’s treatment of the grievant for the first two “sleeping on the job” incidents influence the outcome in this case?
The treatment of the first two “sleeping on the job” incidents should not influence the outcome in the case. Legally, the first incident cannot hold water because it was not documented neither was the driver warned. The supervisor reports that he found the driver asleep while sitting in the truck as it was being loaded. It is important to note in this incident that despite the motor having been reported running, the safety brake was on and it was out of gear. This implies that there was no immediate risk. It was not immediately or even later established that the truck driver was sleeping when the supervisor shook his head and finger at him.