PM40065782
Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
November 7, 2018
Timing of dismissal points to reprisal
Employer can't use marijuana use, insubordination as reasons for dismissal
without prior warning when it waited until holiday pay request to fi re worker
BY JEFFREY R. SMITH
AN ONTARIO EMPLOYER'S attempt to
use marijuana smoking and insubordina-
tion as reasons for dismissal of a worker
has fallen short since it didn't discipline
the worker at the time of misconduct and
instead dismissed the worker after a de-
mand for public holiday pay.
Martello Unit 377 is a non-profi t social
club and restaurant bar for veterans of
Canada's army, navy, and air force, along
with civilians, run by the Army Navy and
Airforce Veterans in Canada and located
in Kingston, Ont. On Feb. 22, 2017, the
club hired Constance Brewer to work as
a part-time kitchen assistant.
Slightly less than two months af-
ter she was hired, after Good Friday in
mid-April, Brewer asked the second
vice-president of the club for public holi-
day pay. e second vice-president said
she didn't think the club paid public holi-
day pay to part-time employees, but she
would speak with the club's accountant
to confi rm if this was the case.
On May 1, Brewer was promoted to
the position of kitchen supervisor after
the existing kitchen supervisor decided
to take a leave of absence. Brewer re-
mained employed on a part-time basis
and the second vice-president still hadn't
provided her any information on the
Sudden change from coaching to
discipline leads to unjust dismissal
Worker had trouble for years meeting sales targets, but technical
skills and performance of core responsibilities met expectations
BY JEFFREY R. SMITH
AN ONTARIO WORKER was unjustly
dismissed when, after years of coaching and
encouragement to improve her sales skills,
she was warned and terminated within
months for failing to meet sales targets, an
adjudicator has ruled.
Shaw Communications — a telecommu-
nications company providing telephone,
Internet, television, and mobile services
across Canada and based in Calgary —
hired Christine Amer in September 2008 to
be a customer service representative (CSR)
at its call centre in Mississauga, Ont. e
CSR job duties included receiving and re-
sponding to telephone calls from custom-
ers, handling initial sales, and responding
to billing inquiries. She was also expected
to encourage customers to add or upgrade
services and to use e-billing.
Worker thrown under the bus
without just cause pg. 3
Bus tour company made unsupported
allegations following dismissal but none
of them convinced the adjudicator
Workplace sexual harassment:
4 pitfalls to avoid pg. 4
Employers are still struggling
to address and manage sexual
harassment complaints
TECHNICAL on page 6 »
THREE WARNINGS
on page 7 »
CREDIT:
IAKOV
FILIMONOV/SHUTTERSTOCK
with Colin Gibson
Ask the Expert pg. 2
Pre-hiring representations
to job candidates
