Canadian Employment Law Today

November 7, 2018

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM40065782 Emplo y ment Law Today Canad ad a ian www.employmentlawtoday.com November 7, 2018 Timing of dismissal points to reprisal Employer can't use marijuana use, insubordination as reasons for dismissal without prior warning when it waited until holiday pay request to fi re worker BY JEFFREY R. SMITH AN ONTARIO EMPLOYER'S attempt to use marijuana smoking and insubordina- tion as reasons for dismissal of a worker has fallen short since it didn't discipline the worker at the time of misconduct and instead dismissed the worker after a de- mand for public holiday pay. Martello Unit 377 is a non-profi t social club and restaurant bar for veterans of Canada's army, navy, and air force, along with civilians, run by the Army Navy and Airforce Veterans in Canada and located in Kingston, Ont. On Feb. 22, 2017, the club hired Constance Brewer to work as a part-time kitchen assistant. Slightly less than two months af- ter she was hired, after Good Friday in mid-April, Brewer asked the second vice-president of the club for public holi- day pay. e second vice-president said she didn't think the club paid public holi- day pay to part-time employees, but she would speak with the club's accountant to confi rm if this was the case. On May 1, Brewer was promoted to the position of kitchen supervisor after the existing kitchen supervisor decided to take a leave of absence. Brewer re- mained employed on a part-time basis and the second vice-president still hadn't provided her any information on the Sudden change from coaching to discipline leads to unjust dismissal Worker had trouble for years meeting sales targets, but technical skills and performance of core responsibilities met expectations BY JEFFREY R. SMITH AN ONTARIO WORKER was unjustly dismissed when, after years of coaching and encouragement to improve her sales skills, she was warned and terminated within months for failing to meet sales targets, an adjudicator has ruled. Shaw Communications — a telecommu- nications company providing telephone, Internet, television, and mobile services across Canada and based in Calgary — hired Christine Amer in September 2008 to be a customer service representative (CSR) at its call centre in Mississauga, Ont. e CSR job duties included receiving and re- sponding to telephone calls from custom- ers, handling initial sales, and responding to billing inquiries. She was also expected to encourage customers to add or upgrade services and to use e-billing. Worker thrown under the bus without just cause pg. 3 Bus tour company made unsupported allegations following dismissal but none of them convinced the adjudicator Workplace sexual harassment: 4 pitfalls to avoid pg. 4 Employers are still struggling to address and manage sexual harassment complaints TECHNICAL on page 6 » THREE WARNINGS on page 7 » CREDIT: IAKOV FILIMONOV/SHUTTERSTOCK with Colin Gibson Ask the Expert pg. 2 Pre-hiring representations to job candidates

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