PM40065782
Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
August 29, 2018
No ambiguity between multiple employment
agreements provided by employer: Court
Second agreement's silence on benefi ts not an exclusion of them;
Worker only signed one agreement
BY JEFFREY R. SMITH
AN ONTARIO court has dismissed a
worker's wrongful dismissal complaint,
fi nding no ambiguity in his employment
agreement's termination provision, despite
the fact the employer gave him three diff er-
ent versions at various times.
Hugo Raposo was a senior business tech-
nical architect for CA Canada Company, a
provider of information technology man-
agement software in Canada. CA Canada
is a Mississauga, Ont.-based subsidiary of a
large global company headquartered in the
United States.
Raposo initially applied for his job in
April 2014 and CA off ered him the position
in July. e off er of employment included
an employment agreement that contained
provision for a CA to terminate Raposo's
employment "for any reason whatsoever
by satisfying the notice and severance pay
requirements, including the requirements
with respect to the continuation of contribu-
tion to benefi t plans, in the applicable em-
ployment standards legislation, unless your
termination is for cause. No other notice or
Arbitrator overturns termination,
substitutes 1-year suspension
Peace offi cer sent dirty joke email to wrong person, then entered
offi ce without permission and photographed sensitive document
BY JEFFREY R. SMITH
A CALGARY peace offi cer's offi ce snoop-
ing and an explicit email sent to the wrong
person deserved a one-year suspension but
not dismissal, an arbitrator has ruled.
David Messenger was a peace offi cer for
Calgary Community Standards, a municipal
department responsible for enforcing mu-
nicipal by-laws and some provincial laws.
As a peace offi cer, Messenger's role was to
enforce by-laws and legislation relating to
pets and animals, environmental protection,
gaming and liquor, smoking, and traffi c.
Calgary's peace offi cer program included
policies and procedures that required a cer-
tain level of conduct. e policies stated that
"individuals having peace offi cer status will
conduct themselves in a manner refl ective of
this responsible position in society." As such,
the hiring process included background
Unilateral changes to employment
OK with enough notice: Court pg. 3
New contract terms implemented with
worker's signing 2 days after offer, but
worker was given 18 months to decide
TTC worker fi red for bad-faith
sexual harassment complaint
reinstated by arbitrator pg. 4
Supervisor maintained there was
a pre-existing sexual relationship
OFFICER on page 6 »
ONLY ORIGINAL
on page 7 »
CREDIT:
RAWPIXEL.COM/SHUTTERSTOCK
with Colin Gibson
Ask the Expert pg. 2
Returning to work
after job protected leave
