Canadian Employment Law Today

November 6, 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 Accommodation of difficult employee a hard pill to swallow pg. 4 Harassment complaints, poor interpersonal relationships made return-to-work program challenging, but progress was being made before dismissal Hotel worker's stay extended after firing for medical leave dishonesty New Brunwick worker had second job while on medical leave, but firing came too quickly BY JEFFREY R. SMITH A NEW BRUNSWICK hotel worker who contin- ued to work a second job while on medical leave and didn't tell her employer has been reinstated by an arbitrator with a two-month suspension in place of dismissal. Wanita Mallory, 58, started working for Rodd Moncton, a hotel operator in Moncton, N.B., in July 2014. Initially, she worked in the hotel's laundry and moved to performing daily tasks required in the hotel's line operations. Eventually, she became the hotel's full-time breakfast attendant, working alongside a part-time attendant managing the ho- tel's daily complimentary breakfast for its guests. Over a few years of employment at the hotel, Mallory developed a few physical limitations, but she continued to work full-time. She had a good re- lationship with the hotel's general manager, but she developed concerns over working conditions at the hotel. She raised these issues at union meetings, but when her hours of work started to decrease in late 2017 and her supervisor started treating her unfair- ly, she believed what she was saying at the meetings A big breakup Ontario worker lost job title, authority, privileges after romantic split with company owner; more than $190,000 in damages BY JEFFREY R. SMITH THE END of a romantic relationship can be messy for both sides. It can get even messier when one person in the relationship owns the company for which the other person works. But regardless of how the personal relationship ends, ending the employment relationship has a number of legal obliga- tions that can't be avoided. Alissa Churchill, 39, was hired by Aero Auction Sales — a Barrie, Ont.-based company specializing in vehicle and heavy equipment sales through auctions — in July 2009. Her position was that of vice-presi- dent of administration, which involved overseeing and supervising employees through the company's bank accounts, hu- man resources and payroll functions. At the time of Churchill's hire by Aero, she was in a common law relationship with Aero's owner, Michael Duns, and the com- November 6, 2019 Mischaracterizing working relationships continues to cost employers pg. 3 7 factors determine relationship, regardless of the official agreement between employer and worker WORKER on page 6 » CREDIT: BAONA ISTOCK REASONABLE on page 7 » with Leah Schatz Ask the Expert pg. 2 Employee's refusal to take safety training

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