PM41261516
Emplo
y
ment Law Today
Canadian
www.employmentlawtoday.com
No sex discrimination PG. 4
Faculty member's expression
of affection made employee
uncomfortable and fearful
for her job
Alberta worker's firing for
absenteeism, threats upheld
Worker commented about punching manager, but any threats of
workplace violence are inappropriate: Arbitrator
BY JEFFREY R. SMITH
AN ALBERTA worker's dismissal for absenteeism
and threats of punching his manager in the face
were sufficient cause for dismissal, even if the
threats weren't taken seriously or intended to be.
Jason Letourneau was employed with Westcan
Bulk Transport, a trucking company based in Ed-
monton, since 2013. Over the course of 2018, Le-
tourneau missed 12 working days, which caused
his manager to warn him on multiple occasions
that more unsupported absences would lead to
written discipline.
Letourneau said that, on three of the 12 days,
he took time off because he was moving. For the
other days, Westcan requested that he provide a
doctor's note supporting his absences. Letourneau
provided notes for some of the days when he was
sick, but there were still some absences that were
unaccounted.
Letourneau explained that he sometimes missed
work because his truck arrived late to Westcan's
New uncertainty for employment
contract amendments
Recent B.C. decision reinforces consideration for contract change — a step back
from 2018 decision that mutual agreement to change may not require it
BY MATTHEW TOMM
A MODERN trend in the law of contract
variation has generated some excitement in
the employment law world about whether
companies may now be able to change
employment contracts without providing
fresh consideration — or a new benefit — to
employees. That would make life easier for HR
professionals. But a recent appellate decision
will dampen some of that enthusiasm.
It used to be trite law that both contract for-
mation and post-contract variations require
all parties to receive some benefit as part of
the transaction. However, that tenet has lately
been called into question. The current leading
case is the British Columbia Court of Appeal's
April 22, 2020
An accommodation dead end PG.3
B.C. coroner who developed mental trauma and
couldn't view dead bodies couldn't be
accommodated without undue hardship: Tribunal
CONSIDERATION on page 6 »
CREDIT:
RAPIDEYE
iSTOCK
TRUCK DRIVER on page 7 »
with Brian Johnston
Ask an Expert PG. 2
Recovering overpayment
from a payroll error
