Canadian Employment Law Today

January 3, 2018

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 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

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