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ment Law Today
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No walk in the park PG. 4
Managing employee vacation
entitlements requires diligence
and good policies
Crying over workplace spills
Ontario dairy failed in its duty to accommodate worker with fainting
spells; claimed safety concerns but ignored medical information
BY JEFFREY R. SMITH
AN ONTARIO company discriminated against a
worker suffering from fainting spells when it fired her
over safety concerns without properly examining ac-
commodation options in its plant.
Madison Kittmer, 21, started working for Shepherd
Gourmet Dairy, a dairy processing company in St.
Mary's, Ont., on Feb. 22, 2017 with the intention of
leaving at the end of the summer to go to college. Her
job involved helping with the dairy's food processing
and packaging operations.
On April 25, Kittmer was packing filled yogurt con
-
tainers into boxes. She began to feel dizzy, told a co-
worker she didn't feel well and fainted. She was taken
to the management office when she came to and was
allowed to go home. The next day she felt fine and
worked as usual.
However, Kittmer started feeling unwell on May
5. She told a co-worker she thought she was going to
pass out. She tried to kneel down, but she fainted as
she did so.
This time, Kittmer was taken to the hospital, where
she underwent various tests. The doctor said it was
likely Kittmer had a common fainting condition but
that she should see a specialist to be sure. The next day,
Kittmer returned to work.
She continued to work normally for nearly two
Long-time B.C. contractor gets
$180,000 for wrongful dismissal
Worker started as independent contractor but was closely involved
with employer's operations over 14 years
BY JEFFREY R. SMITH
A BRITISH COLUMBIA employer must pay a
former independent contractor-turned-executive
more than $180,000 for wrongful dismissal and
bad behaviour leading to the dismissal.
Shannon Liebreich, 52, was hired by Farm-
ers of North America (FNA), a Saskatoon-based
business alliance of farmers dedicated to in-
crease farm profitability, in 2002 as a part-time
independent contractor. She held several differ-
ent roles with FNA over time, including direc-
tor of development for the Pacific Northwest,
preferred supplier and program development
manager, Southern Alberta territory manager
and member service manager. She also held the
titles of chief operating officer and business de
-
March 25, 2020
A patchwork of family status
accommodation, continued PG.3
A look at Alberta and suggestions
for employers
COMPANY on page 6 »
CREDIT:
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WORKER CLEARED on page 7 »
with Tim Mitchell
Ask an Expert PG. 2
Notice of retirement