performance. Read sions of poor performance. ca E a DOES POOR PERFORMANCE INCLUDE ACTIONS AND BEHAVIOURS? 1 HRM AND THE LAW 7.1 Most people think that poor performance is only about work output. However, poor performance can include any aspect of one's performance, including behaviours and actions. This was demonstrated very clearly when a truck driver employed by a liquor distribution centre was terminated for harassment and bullying of coworkers. Initially, when the matter was first brought to the attention of the employer, an investigation was conducted. The truck driver had been employed for over 24 years and had had a good work record. When the company hired a female truck driver, the employee began to make derogatory remarks about her in her role as a union committee chair, which escalated to attempted shoving and threats. When both the union and the employer investigated, the employee confirmed that he had been trying to intimidate her and that he had made vulgar comments. Although he did apologize for his behaviour, he con- tinued with these comments and actions, not only to the same worker but also to other female workers. He was warned that his performance was unacceptable and that further incidents could lead to termination. Things did not improve, and he was eventually terminated. The union filed a grievance about the employer's action, and the arbitrator concluded that the employee's actions constituted the most serious form of inappro- priate workplace behaviour and upheld the dismissal. On the other hand, in a case involving a railroad, the employer terminated an employee for harassing and verbally abusing other workers through phone calls. An investigation by the employer concluded that although the complaints had no merit, the conduct of the employee was confrontational and adversarial. Again, the union filed a grievance, and the arbitrator concluded that although the insults were inappropriate, they were not threats and therefore didn't warrant termination. The employee was reinstated with back pay and ordered to undertake anger management. CRITICAL THINKING QUESTION: Why was one employee termination upheld, whereas the other was not? Do you agree with the outcome in both scenarios? Why or why not