PM41261516
Emplo
y
ment Law Today
Canadian
www.employmentlawtoday.com
Bonus policies and wrongful
dismissal damages p. 4
Recent cases clarify how
employers can avoid bonus
payments over the notice periods
No discrimination if worker doesn't
give reason for accommodation
Ontario worker's injury-related shift change
interfered with custody arrangement for daughter,
but he didn't tell his employer until after change
BY JEFFREY R. SMITH
IT'S A STANDARD tenet of accommodation
that it is a two-way street — both the employer
and the employee must participate in the process.
at's why the Ontario Human Rights Tribunal
dismissed a worker's complaint that his family
status wasn't accommodated by an injury-related
shift change schedule — the worker didn't inform
his employer of his family status obligations until
after the change had been made.
Steve Linklater was a coil handler technician in
Essar Steel Algoma's steel production facility in
Sault Ste. Marie, Ont. He worked 12-hour shifts
on an eight-day rotation — two 12-hour days shifts
from 5 a.m. to 5 p.m. followed by 24 hours off and
then two 12-hour overnight shifts from 5 p.m. to
5 a.m.
Linklater was separated from his spouse and had
joint custody of his young daughter. e custody
schedule was arranged around his shift schedule
with Essar Steel, so he could pick up his daughter
Persistent advances get worker
fired for sexual harassment
Calgary city worker sent inappropriate texts and pictures after he knew
supervisor wasn't interested; no remorse during investigation
BY JEFFREY R. SMITH
AN ALBERTA municipal worker's history
of inappropriate texts to his supervisor and
what he claimed was an accidental show-
ing of a naked picture of himself to her on
his phone amounted to a pattern of sexual
harassment that provided just cause for dis-
missal, an arbitrator has ruled.
Norman Mossman began working for the
City of Calgary in June 1988 as a seasonal
labourer. He became a full-time employee
13 years later and joined the city's roads de-
partment as a driver/operator/labourer. His
work included a variety of operations using
different equipment depending on what
needed to be done on city roads.
e road department consisted of a
mostly male workforce, with less than four
September 25, 2019
Ontario worker gets second chance to
change mind about retirement pg. 3
Appeal court found notice was contingent
on circumstances
WORKER on page 6 »
CREDIT:
ANTONIOGUILLEM/iSTOCK
EMPLOYER on page 7 »
with Tim Mitchell
Ask the Expert pg. 2
Harassment of supervisor
by subordinate
