Disclaimer: The views and opinions expressed by the author(s) do not represent the official position of Barbados TODAY.
by Carol-Ann Jordan and Jacqueline Belgrave
Question 1
What are your thoughts on work life balance given that it appears employers are expecting you to almost always be accessible via one form of technology or another?
This is indeed an important question, especially in the light of the current environment.
However, even before COVID with the increased use of company issued computers (laptops) and cellular phones, work life balance was blurred.
The constant connection allowed by technological advancements, has created a constant “on the clock” work culture that extends beyond the standard working hours.
Whether it is via group chats, email or mobile calls, there a constant “on call” factor which can interfere with an employee’s work-life balance which may ultimately affect their health and wellbeing.
As working from home increased, the hours of work became even more blurred in this new arrangement.
Your work-desk is now set up at home; perhaps your dining room table now moonlights as your workspace, blurring that line between professional and personal life.
This work arrangement makes it harder for many employees to disconnect from their jobs and the conversion of the home environment into a work environment has removed the established boundaries.
The result is that your home, the place where you would normally de-stress and enjoy time with family, separate from
work pressures or activities, is now being associated with the same pressures you would usually leave behind when
you leave work.
Recently a few countries have passed laws giving employees the right to disconnect – i.e. the right, without penalty, to ignore after-hours work messages including emails, telephone calls, video calls or sending or reviewing other messages.
These legal provisions attempt to reinstate the separation between work and home, providing the environment for the balance the employee needs.
This means that every employee is able to switch off outside of their normal working hours and enjoy their free time away from work without being disturbed, unless there is an emergency or an agreement to do so, for example while ‘on call’.
Since we do not have such laws in our region, the HR practitioner is required to use their influence to persuade employers that being more considerate of their employees’ time is indeed acceptable and beneficial to the productivity of the business.
They may also consider implementing a workplace policy especially since “disconnecting” may mean different things to employees, businesses and sectors.
When looking at the policy, the following key principles which have been outlined in some of the legislation of the various countries, may be considered:
1. Ensuring that no employee routinely performs work outside normal
working hours;
2. Ensuring that no employee is penalised for refusing to attend to work matters outside of normal working hours; and
3. Ensuring an employee’s need to disconnect is respected by supervisors and managers (e.g., by not routinely emailing or calling outside normal working hours).
Best practice also dictates that employees should be engaged to give their input into the development of the policy since it will directly affect them.
In fact, the policy may also provide the opportunity for companies to set different operating parameters regarding flexible work schedules, overtime procedures based on the different needs of clients or customers.
Even in the absence of legislation or a work policy, an employer must always be mindful of the impact of the constant “on call” culture on their employees’ health and wellbeing and should be taking active steps to comply with their general duty of care towards employees.
Employees who are not able to properly rest, and who continue the stresses of work “after hours”, can become burned out, less productive and disengaged. This can lead to issues with employee turnover, retention and morale, all of which can be damaging to the business in the long term.
Question 2
I have been off from work for about 10 months due to an employment injury. Can my employer dismiss me even though I have certified medical leave?
The law does not require an employer to retain an employee who is unable to fulfil their role, due to illness or injury, or not able perform the tasks of their job.
The question is how long an employer should keep the job open for the employee to return to.
Any dismissal for absence due to injury before the employee has been absent for 12 consecutive months would be deemed unfair.
However, in cases such as these, empathy and communication are of utmost importance.
The employer needs to understand what is happening with you, how much longer you are likely to be off work and in fact whether you will be able to do the job again before (s)he can decide what to do
Before an employer terminates an ill or injured employee there some things that must be considered:
• Medical evidence regarding the employee’s incapacity;
• Whether the nature of the illness or injury based on the medical evidence demonstrates that the employee is unable to perform the job they were employed to perform;
• Is there a reasonable measure the employer can take to accommodate the employee’s illness or injury;
• The length of service of that employee, employment history and the impact of dismissal on the employee;
Since every situation is not the same the employer should treat each case on its own merits.
About Lifeline Labour Solutions: Lifeline Labour Solutions is a boutique partnership providing people management solutions to workplace challenges Partners Carol-Ann Jordan and Jacqueline Belgrave are established practitioners with a wealth of knowledge and experience in Employment Relations, Labour Relations and Human Resource Management between them. Email: info@ lifelinelabour.com; Tel: 1(246)247-5213
