Canadian Employment Law Today

August 15, 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 August 15, 2018 Angry worker quit after not getting his way; no reprisal by employer for ending employment Company refused worker's demand to work overtime for more money and to do less work, so worker walked away BY JEFFREY R. SMITH AN ONTARIO worker who demanded to be paid overtime rather than work fl ex hours to get certain things done quit his job of his own accord and wasn't terminated as a reprisal for demanding rights under em- ployment standards legislation, the Ontario Labour Relations Board has ruled. Carl Krulikoski worked as a mechanic for Let's Landscape Together, a residential and commercial landscaping company in Burl- ington, Ont. At times he was known by co- workers to be short-tempered and not easy to talk to in the mornings, but no serious is- sues came of it and he was considered a good mechanic by company management. On July 6, 2017, Krulikoski came into the company's offi ce and spoke with the esti- mator, who sometimes worked with him on issues regarding safety and operation of the company's trucks. According to the esti- mator, Krulikoski told her he was frustrated with the company and the work he was doing and he was going to start looking for other work that very day. Later that same day, a vehicle that was Being busy not excuse to delay patient referrals, disrespectful behaviour Hospital clinic secretary's pattern of disrespectful conduct and failure to process priority referrals provided just cause for dismissal BY JEFFREY R. SMITH AN ARBITRATOR has upheld the dis- missal of an Ontario hospital worker who displayed a pattern of unprofessional and insubordinate behaviour along with a seri- ous incident involving patient referrals. Debbie Langford was hired in July 2011 by the Kingston General Hospital in Kingston, Ont., which later became known as Kings- ton Health Sciences. She initially worked in various part-time positions until October 2013, when she applied for and was appoint- ed to a full-time position as a clinical secre- tary for the hospital's heart rhythm services (arrhythmia) clinic — a specialized clinic for patients with heart issues who need treat- ment or management of their conditions. e group of doctors in the clinic had an agreement with the hospital in which the lat- ter provided them with administrative sup- port and other services. As a result, Langford Firing was business decision, not discrimination pg. 3 Employer properly handled harassment incident; decided to dismiss worker after learning she planned to quit The ever-increasing liability of mischaracterizing employees as contractors pg. 4 Legislative changes, case law are lowering the boom WORKER on page 8 » EMPLOYEE on page 11 » CREDIT: S_PHOTO/SHUTTERSTOCK with Tim Mitchell Ask the Expert pg. 2 Changing vacation entitlement

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