Told not to text co-workers, employee texted a co-worker who complained about her
This instalment of You Make the Call features an employee who was fired for bullying co-workers with text messages.
Phung Ho was a server and room service attendant for the Century Plaza hotel in Vancouver. She had worked for Century Plaza since June 2006 and had no problems at work until a new food and beverage manager joined the hotel.
Between June and August 2010, Ho was suspended from work twice and given a warning for being late or absent from work. Each of the suspensions was for one week and after the second one, Ho complained to Century Plaza’s owner about the manager. This led to a meeting on Aug. 25, 2010, between Ho, the owner and Century Plaza’s financial controller.
At the meeting, Ho pointed out that her latest suspension was lifted because security cameras showed she had not been late for her shift. The manager apologized and admitted he should have investigated more before issuing the suspension. However, he also said another employee had complained Ho had called him names and tried to control him. Other employees had also said Ho had been stealing tables from other servers and arguing with co-workers in front of customers.
However, Ho was not given these details, but simply told not to call or text other employees. She was also told she was being put on probation, during which she would have to show up on time, not to be disruptive or bullying at work and not to contact the employee who complained. A violation of these terms would result in her immediate dismissal, Ho was told. A written warning was completed but it was signed neither by the employer nor Ho.
Following the meeting, Ho sent two text messages to the co-worker who complained. On Sept. 8, another worker complained that Ho had taken a table in his section. A few days later, the manager emailed the owner saying there was a problem with Ho leaving early and sending more text messages.
On Sept. 13, Ho was warned after leaving the restaurant area and arguing with the hostess. The same day, she sent five text messages to the previous complainant about his complaints, accusing him of making it up and threatening to get the manager involved. On Sept. 15, her employment was terminated for just cause.
You Make the Call
Did Century Plaza have just cause to terminate Ho’s employment?
OR
Was Ho wrongfully dismissed?
If you said Ho was wrongfully dismissed, you’re right. The court found the text messages she sent after the meeting “do not have the requisite element of repeated, continual or chronic behaviour that is required in order to constitute harassment.” The texts were innocuous, not harassing, and since she wasn’t given specifics about the earlier complaint, the texts couldn’t reasonably be seen to be harassment, said the court.
However, the texts Ho sent on Sept. 13 were different, as they accused the co-worker of fabricating the complaint and were derogatory in nature. However, the court considered them part of the incident that day and not a separate incident.
The court noted that neither of the written warnings was completed with Ho’s acknowledgment and signature. Since she wasn’t formally given them, the court felt her Sept. 13 texts were her attempt to argue her side directly with the co-worker.
“The point of preparing written records which the employee acknowledges in writing is to cumulatively impress upon the employee the increasing jeopardy of their employment if misconduct continues,” said the court. “If Century Plaza’s position was that, in the event Ms. Ho became involved in a dispute with any other co-worker, she was not to communicate directly with that co-worker but rather, presumably, to come straight to some management employee, and if she did not follow that procedure she would be dismissed, then I think that position needed to be communicated explicitly in writing.”
