PM40065782
Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
October 10, 2018
Employer punished for making
leave of absence permanent
Company knew employee's job was at risk when it executed leave of absence
agreement that deemed a resignation if no position was available upon his return
BY JEFFREY R. SMITH
AN ALBERTA senior manager whose po-
sition was eliminated while he was on a six-
month leave of absence deserves 22 months'
pay in lieu of notice plus $20,000 in puni-
tive damages for his employer's conduct in
his dismissal, the Alberta Court of Queen's
Bench has ruled.
Hans Jonasson, 59, was hired in 1992 for
an Alberta oil and gas company that was later
acquired by Calgary-based oil and gas com-
pany Nexen. Jonasson worked in reservoir
engineering with postings in three diff erent
countries. In 2011, he completed a posting in
the United Kingdom and took a two-month
leave of absence before returning to a posi-
tion as a senior manager in Nexen's technol-
ogy group in Calgary.
In early 2013, Nexen hired a consultant
to assess its senior management ranks. e
consultant determined that the company
was top-heavy and recommended the com-
pany cut certain levels of middle manage-
ment — including many in Jonasson's pay
grade. Around the same time, Nexen was ac-
quired by an international corporation and
became a wholly-owned subsidiary of that
corporation.
In May 2013, Jonasson entertained the
Sexual harassment claim successful,
workplace violence grievance isn't
Worker's claim of 'psychological violence' from co-workers, supervisors
following sexual harassment complaint unfounded: Arbitrator
BY JEFFREY R. SMITH
A NORTHWEST TERRITORIES cor-
rections offi cer who claimed bullying she
experienced after she fi led a sexual harass-
ment complaint led to her decision to resign
has had a workplace violence complaint dis-
missed by an arbitrator.
e worker, Jylian MacLeod, was hired
in December 2010 to work on a casual basis
as a correctional offi cer at the Fort Smith
Correctional Complex (FSCC), a correc-
tional facility housing both male and fe-
male inmates in Fort Smith, N.W.T. She
later became a relief correctional offi cer at
the FSCC.
e female unit at the FSCC was in a du-
plex across a fi eld from the male unit. e
deputy warden's offi ce was in the female unit
and the warden's offi ce was in the building
with the male unit. e male unit building
Retiring worker changes mind
too late pg. 3
Worker wanted to rescind retirement
notice, but once employer accepted it
there was no obligation to go along
Grocery store employee fi red
for theft, reinstated with
4-month suspension pg. 4
Cashier giving free case of pop
without authorization wasn't dishonest
EMPLOYER BANNED on page 6 »
AGREEMENT
on page 7 »
CREDIT:
INKED
PIXELS/SHUTTERSTOCK
with Stuart Rudner
Ask the Expert pg. 2
Post-incident drug testing
