Canadian Employment Law Today

August 14, 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 Canadian Resignation and rehire not continuous employment pg. 4 Ontario employee who resigned, was later rehired and then dismissed by the same employer was not entitled to notice based on entire length of service: court B.C. employer's just-cause claim against plumber goes down the drain Plumber's previous side jobs had been allowed before being terminated for breach of conflict-of-interest policy BY JEFFREY R. SMITH A BRITISH COLUMBIA plumber whose side jobs had been tacitly condoned by his employer was wrongfully dismissed when the employer fired him for additional side jobs without prior discipline, the B.C. Supreme Court has ruled. Christopher Booton, 42, was hired as a plumber in October 2012 by Synergy Plumbing and Heating in Burnaby, B.C. He performed plumbing, heating and gas work for customers. At the time, Synergy was co-owned by two brothers — Joe and Dennis Guiotto. Joe bought his brother's share in the busi- ness in 2016 after Dennis could no longer work due to health issues. When Booton was first hired, he didn't have a writ- ten employment agreement with Synergy. However, in May 2014, the company provided a written offer Assault of patient spells end of the road for Alberta paramedic Assault of difficult patient, attempt to mislead investigation provide just cause for dismissal BY JEFFREY R. SMITH AN ALBERTA paramedic who struck a pa- tient who spit on him and then tried to down- play the incident in the ensuing investigation has had his dismissal upheld by an arbitrator for failing to meet the high standards of trust and conduct inherent to his position. Gerrit-Dean Pinell, 36, worked as a para- medic for Alberta Health Services (AHS) in Calgary. Hired in early 2013, he had no dis- ciplinary record with AHS. However, he ex- perienced a few traumatic events during his tenure with the organization. In November 2014, Pinell was part of a backup paramedic crew that responded to a call in which his brother died. About one month after that incident, he was involved in a call in which a child was murdered and began experiencing symptoms consistent with post-traumatic August 14, 2019 Feds aim to stamp out workplace violence and harassment pg. 3 New violence and harassment prevention regulations PARAMEDIC on page 6 » CREDIT: LIGHTFIELD STUDIOS/SHUTTERSTOCK CLIENT on page 7 » with Leah Schatz Ask the Expert pg. 2 Following the progressive discipline process

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