Canadian Employment Law Today

July 17, 2019

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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PM41261516 Emplo y ment Law Today Canad ad a ian Garbage collector canned for procedure violations, dishonesty Misconduct included unsafe reversing of vehicle, damaging equipment and lying about it; just cause despite two decades of service BY JEFFREY R. SMITH A MUNICIPAL garbage collector who vio- lated standard operating procedures, tried to cover it up and then justify it was deserv- ing of dismissal, according to an Ontario arbitrator. e worker was employed with the City of Hamilton, Ont., operating a waste collection vehicle every Monday through ursday with a diff erent route in a diff erent vehicle on Fridays. e Monday-to- ursday vehicle was a "two-man rear packer" that involved another employee accompanying him on the route — one would drive and the other would collect garbage. e worker and his partner worked from 7 a.m. to 3 p.m., fi nishing up by dumping the garbage they collected at a transfer station. e city's garbage collection department had an unwritten policy for vehicle opera- Ontario inn checks out before investigating harassment complaint Dismissal of teenaged housekeeper following complaint without investigating was a reprisal: Arbitrator BY JEFFREY R. SMITH AN ONTARIO inn wrongfully dismissed a teenaged housekeeper after she complained of harassment from her supervisor's sister, an arbitrator has ruled. e now-19-year-old worker was a part- time housekeeper at the Cooper River Inn, a hotel and conference centre in Fort Frances, Ont. When she started working for the inn on Oct. 8, 2016, she was subject to a three- month probationary period. e collective agreement between the inn and its union stipulated that termination during the proba- tionary period would be subject only to em- ployment standards legislation and could not be grieved. e worker was 17 years old when she be- gan her employment and it was her fi rst job. It wasn't long after she started — November 2016 while she was still a probationary em- ployee — when the worker complained to her supervisor that she had been harassed by another housekeeper on several occasions. e harassing behaviour involved, accord- ing to the worker, screaming and swearing at her about the quality of her work in front July 17, 2019 Making sense of termination clauses pg. 3 To sever or include minimum entitlements? Canada Post worker gets $38,000 for pause in accommodation process pg. 4 Corporation made efforts to fi nd modifi ed work, but took 5-month break WORKER FIRST on page 6 » CREDIT: ZULASHAI/SHUTTERSTOCK OWNER on page 7 » with Brian Johnston Ask the Expert pg. 2 Service time for employee transferring to different franchise location

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