Complaint Review: Cenovus Energy and Stand easy enterprises

Mar 2, 2014

　

To Whom It May Concern:

　

I worked up North for Cenovus Energy between February through

July of 2012. During that time I experienced an accident as a direct result of plywood stairs that were installed by our company, Stand Easy, for entering and exiting an equipment trailer. Plywood stairs that the teardrop investigation concluded needed to be replaced. The accident resulted in an 80% tear in my left quadricep. Surgery yielded a six inch incision above my left knee, and drill holes in the bone to reattach the quadricep.

The night of the injury I agreed to and signed a conditional light duty agreement that stipulated I was to receive the same pay while on light duty that was agreed upon when starting with the company.

(After further thought that night, I made an ammended copy of the light duty agreement to make clear what I expected to be paid until my leg was fully recovered. I later discovered the ammended light duty agreement was never handed into WCB.) The morning after my surgery I was to report to the nurse before returning to work, which I did. I was informed that the nurse had two conflicting documents, a generic typed written post opp info document said, I was to have my leg elevated and iced for 72 hours. The other document was hand written by the orthopedic surgeon and it said I could return to work the following morning after the surgery? This confused the nurse and she decided I couldn't return to work until she had gotten word from the doctor and ordered me to return to my room in camp and elevate and ice my leg in bed.

The next morning the nurse informed me she hadn't heard from the doctor and ordered me back to my room to ice and elevate my leg again. At approximately 11:10 that morning

I received a text message from my foreman that simply said that Cenovus wanted me offsite, now, and to pack my stuff. There was no further explanation whatsoever. I refused to leave until I got an explanation. I had no idea if I was being fired or what was transpiring. Many papers had been given to me to sign while I awaited surgery and directly afterwards while I was still medicated. I wasn't sure what I had signed, and if it had an influence on why I was being told to leave. I was eventually told that I was going to Bonneyville so I could continue the medical requirement of physiotherapy. I asked for a new agreement for Bonneyville before I was prepared to leave, over the phone I was offered a wage substantially lower than agreed on. I insisted that the light duty agreement was upheld for Bonnyville and the foreman said the owner of the company agreed to that. Before I left I also demanded a phone call to WCB letting them know I was ordered off the Cenovus site and not leaving on my own accord. I have often wondered exactly what the outcome would have been if I had left the site when told to

without taking the stand I did?

Roughly six weeks into working at Bonnyville, my employer, Neil took me to familiarize myself with a new car wash facilitiy as washing vehicles was part of my light duty work. Just before arriving he told me he was breaking the light duty agreement and paying me $19.00 an hour, no benefits, whether I liked it or not. I reminded him he had signed an agreement and I would have to persue action if he chose to do that. I was then yelled at, called a whiner, told I was fired and to pack my stuff and get out

of his company camp in Bonnyville.

I found myself at this point, still physically nursing my leg, without enough funds to get home and sustain myself for any length of time, trapped in a truck with a man who has reduced himself to intimidation and name calling. I felt I had no other choice at that moment but to agree to a wage and no benefits

until I could find out what my rights were and where I could get support.

I sought the help of WCB who promptly told me that if I had problems with my employer I had to take him to court. They were given copies of a light duty agreement that was different than the signed copies in my possession. I went to the appeals board who informed me that the light duty agreement was not a legal document. I visited with a lawyer who said that the document was signed by both parties and it was a legal document.

Over the next several weeks I worked exhorbitant overtime to try to make up lost income in order to afford to return home and sustain myself for a time. (40

eleven hour days in 41 days) The physical and emotional strain resulted in exhaustion to the point of accidents on the job site.

I was finally able to return home and see my own physician. I was advised not to return to an environment that was so obviously toxic for me and resulted in several months of counselling.

According to co-workers I was accused of trying to extort money. WCB was told I was never fired or threatened with it. Documents were given to them that were different than the ones I had. I was called names, yelled at, my pay was significantly reduced and a signed agreement violated. I wound up with surgery and physiotherapy. Not because I was guilty of any wrong doing, I have a reputation for being a hard and honest worker

even by the owner himself. All as a result of slipping on aplywood step that was ironically up graded from wooden pallets in icy/snowy conditions.

Both Cenovus safety people and Stand Easy personal didn't enforce proper stairs after being warned of the danger of stacked pallets for entering and exiting trailors. They did upgrade but plywood and ice don't mix for stairs?

One has no choice but to question the integrity they seem so fond of promoting to the general public. It is in this that my greatest concern lies and the point of this letter.

There is much being said of late about oil companies and large corporations, their lack of integrity, control, blatant bullying, and mistreatment of employees. Until I walked this walk, I had no concept of the depth of truth in those claims. To add insult to injury, the very people and organizations put in place to protect employees from this type of abuse, seem to either pass the problem off onto someone else or simply look the other way. Lying is the acceptable norm, intimidation and abuse expected, and victimizing the victim is the order of the day. A cowardly concept to say the least. The idea that anyone should do the right thing, for no other reason than it is the right thing to do, seems beyond the capabilities of those with money and power. Behaviour of this type is an embarrassment and shame to everyone.

Organizations, laws, policies, rights and resources that are in existence to protect people and employees from abuse, are non existant when they cannot and will not perform the function that they were created for. They then become the opposite, an entity that exists to protect those with money and power from the repercussions of their behaviour. They become nothing more than an illusion that creates a false sense of safety and security. This, the public is also rapidly waking up to.

Being bullied and repeatedly victimized, is at the very least, emotionally traumatizing. Throw in a severe physical injury, violation of trust and personal disrespect and you have created a crisis situation. It is precisely this that has caused such global mistrust and general feelings of anger and repugnance toward large corporations. It is a sad circumstance for those companies that strive to do right by their employees.

So, to anyone who goes to work for the rich and powerful, my advice to you would be to be careful who you work for, and don't have an accident on their work site, or

slip on a set of faulty stairs. Instead of someone helping you up, brushing you off and asking what they can do to help, you may find the vultures circling before you've picked yourself up off the ground.

One can only hope, that in the course of seeking help, you will find yourself in touch with that very rare soul, who does the right thing, for no other reason than it's the right thing to do.

　

Sincerely,

　

Dave Tod Fletcher