Canadian Employment Law Today

October 10, 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.

Issue link:

Contents of this Issue


Page 0 of 7

PM40065782 Emplo y ment Law Today Canad ad a ian 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

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Employment Law Today - October 10, 2018