Canadian Employment Law Today

November 18, 2020

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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PM41261516 Work permits and language proficiency PG. 4 Having skills not readily available in Canada doesn't necessarily make a foreign worker suitable to work here — they have to speak the language AN ONTARIO retail company discriminated against a worker when it dismissed her before an upcoming busy season after the worker requested she only work one shift per week due to back pain, the Ontario Human Rights Tribunal has ruled. Stitch Counts Embroidery is an Ontario company running seasonal pop-up stores from August to Janu - ary each year. The company hired Sarah Trowsdale in December 2017 to work at its store in London, Ont. — called "Lazy One" — until the store closed in Janu- ary 2018. It rehired Trowsdale when Lazy One opened again in August 2018, with the expectation she would work there until the following January. When Trowsdale began working at the store, she was receiving benefits under the Ontario Disability Support Program due to back pain. Stitch Counts was aware of this, but it didn't know the details of her dis - ability. Trowsdale and other staff and the store agreed that standing all day could lead to sore knees and backs, so they asked the store manager to buy a stool. However, the manager directed them not to use the stool when customers or the owner of the store were present. MICROSOFT CANADA must pay an Ontario worker 24 months' pay in lieu of notice plus bonuses and unvested stock awards after dismissing him for performance issues, the Ontario Superior Court of Justice has ruled. Fransic Battiston, 55, was an employee of Microsoft Canada for almost 23 years. Initially hired in 1995 as a senior consultant, Battis - ton moved through various lower-level and middle-management positions, becoming the company's business and operations manager, consulting and support in 2013. He reported to the manager of delivery operations and the position involved international operations for clients outside of Canada. Throughout his ten - ure, Battiston was viewed as a good performer. Each year, Battiston received benefits, merit November 18, 2020 An unjust dismissal split PG. 3 Worker wasn't a manager exempt from Canada Labour Code unjust dismissal protection, but his job was eliminated due to legitimate restructuring NO OPPORTUNITY on page 6 » CREDIT: JUMMIE iSTOCK EMPLOYEE on page 7 » with Colin Gibson Ontario worker's back pain becomes pain for employer Employer said business was too busy to accommodate worker's request for one shift per week, but it didn't investigate accommodation options Ask an Expert PG. 2 Liability for unauthorized overtime Fired Microsoft worker deserves 24 months' pay — and more Bonuses, annual merit increases, stock awards all part of compensation for wrongfully dismissed Microsoft employee in Ontario BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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