PM40065782
Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
January 3, 2018
Just cause dismissal requires
timeliness and suffi cient warning
Employer listed three examples of misconduct
as just cause for dismissal , but none stood up to scrutiny
BY JEFFREY R. SMITH
A NOVA SCOTIA company's multiple
grounds for fi ring an employee have been
shot down by the province's labour board,
leaving the company on the hook for pay in
lieu of reasonable notice.
Scott Magdy joined Atlantic Truck and
Equipment Repair — a commercial truck
and other equipment repair business in Ed-
wardsville, N.S. — in 2006 as a welder and
general maintenance worker. He also made
occasional deliveries for Atlantic.
For several years, Magdy had a good re-
lationship with Atlantic and its owner, who
considered him a good employee. Magdy
had no discipline on his record, good atten-
dance, and no performance issues. Atlantic
had a policy requiring employees to report
"all hazards, unsafe conditions or acts, inci-
dents, near misses, and all injuries for fi rst
aid no matter how minor." ere was also
a requirement to fi ll out an incident report
when something happened.
Working notice no good
when employee can't work
Employee was on medical leave when given letter of termination; entitled
to compensation as if he was working for reasonable notice period
BY JEFFREY R. SMITH
AN ONTARIO worker who was on medi-
cal leave when he received working notice
of termination is entitled to pay in lieu of
notice for his reasonable notice period, the
Ontario Superior Court of Justice has ruled.
Keith McLeod, 44, was hired in 1998 by
a furniture and appliance store in Scarbor-
ough, Ont., to be a mover. His job involved
driving a van and delivering furniture to
the store's customers.
McLeod was in a car accident that was
unrelated to his work on Sept. 18, 2015,
in which he was injured. As a result of his
injury, he needed some time off to recover.
e store placed him on an unpaid leave of
absence and on Jan. 29, 2016, McLeod pro-
vided a medical certifi cate from his doctor
saying he would be off work until March 15
due to knee pain and post-traumatic stress
CREDIT:
ANDREY
POPOV/SHUTTERSTOCK
Dismissal for dishonesty
not discrimination pg. 3
Employee claimed mental illness
was factor in his lying to employer
but couldn`t provide evidence
Ornge cleared of charges
in fatal helicopter crash pg. 4
Night-vision technology available for
new helicopters, but crash involved
older one equipped with searchlights
with Colin Gibson
WAGES on page 6 »
GENERAL MANAGER
on page 7 »
ASK AN EXPERT pg. 2
ROE reason for dismissal:
Risks of getting it wrong
