Canadian Employment Law Today

Sept 2, 2015

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 September 2, 2015 Dismissal of colour blind security offi cer not discriminatory: Arbitrator Worker's refusal to participate in accommodation process left employer with no choice but to dismiss him BY JEFFREY R. SMITH AN ARBITRATOR has upheld the dis- missal of an Ontario employee who denied he needed accommodation and refused to participate in an accommodation process. Felice Ciccone was a screening offi cer at the under Bay, Ont., airport for 10 years. His duties included screening passengers and their baggage before they boarded air- craft. During his tenure, he was employed by three diff erent private security com- panies who held the contract for security screening at the airport at various times. In 2011, the contract was assumed by Garda Security Screening, which became Cic- cone's employer. e contract was with the Canadian Airport Transport Security Au- thority (CATSA), which oversaw security screening in airports across Canada. Screening offi cers were required to be Think carefully before signing that release pg. 3 Releases are usually the fi nal word with Brian Johnston CREDIT: ALEPH STUDIO/SHUTTERSTOCK Go directly to dismissal pg. 4 Employee's insubordination and alteration of confi dential information enough to bypass progressive disciplinary process OFFICER on page 6 » ASK AN EXPERT pg. 2 Enforcing zero tolerance policies Worker's fi ring after demand for OT, vacation pay not a reprisal in Nova Scotia A NOVA SCOTIA worker's dismissal after making labour standards inquiries was not a reprisal under the province's Labour Stan- dards Code because the worker had not ac- tually made a complaint under the code, the Nova Scotia Labour Board has ruled. Christine Webb was hired as a cook and clerk in the convenience store at Spry Bay Campground and Cabins in Spry Bay, N.S., on June 10, 2012. ere was no written con- tract of employment and the campground paid her minimum wage. Webb was respon- sible for serving customers in the store and preparing food for take-out orders during business hours, and clean-up duties such as washing dishes, sweeping, counting cash, balancing receipts and locking up at the end of the night. When she was hired, she was told she wouldn't be paid for work done after the store closed, so she should complete the tasks before closing time. She was also told the cost of any breakages would be deducted from her pay. e store operated from 10 a.m. to 10 p.m. during the months of June, July and August and Webb usually worked the af- ternoon shift until close. Her closing duties took some time and she wasn't always able to complete them before closing, so she often left the store anywhere from 11 minutes to 43 minutes after closing. Early in the morning of Aug. 15, 2013, Webb emailed the campground owners and told them she had been in contact with the Nova Scotia Labour Standards Department. She learned that her holiday pay had been calculated incorrectly, she should be paid for the time spent in the store after closing that she needed to complete her duties, and deductions for breakages were not permit- ted. Webb warned the owners that she could make a complaint to the Department of La- bour but would give them an opportunity to voluntarily pay her what she was owed fi rst. Webb went to work at the store that after- noon and, shortly before closing time, the FIRED on page 7 »

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