PM41261516
Emplo
y
ment Law Today
Canadian
www.employmentlawtoday.com
The quandary of quick quits pg. 4
When employees don't provide
adequate or reasonable notice of
resignation, do employers have any
recourse for any negative effects?
Psychological health and safety
complaint fails in Nova Scotia
Worker's psychological harassment complaint not
protected under Nova Scotia OHSA
BY JEFFREY R. SMITH
A NOVA SCOTIA worker who claimed that
psychological harassment and violence at work
put her health and safety at risk has lost her case
because psychological harassment and violence
aren't within the scope of the province's occupa-
tional health and safety legislation.
Annette Harpell was employed at a store run
by Lawton's Drug Stores, a drug store chain in At-
lantic Canada headquartered in Dartmouth, N.S.
In October 2018, Harpell filed a complaint under
the Nova Scotia Occupational Health and Safety
Act and its Violence in the Workplace Regula-
tions, alleging discriminatory action on the part
of the employer.
An occupational health and safety officer in-
vestigated the complaint. Harpell told the officer
that she had experienced "repeated bullying, ha-
rassment, intimidation, and psychological vio-
lence" from a senior co-worker who had a history
of similar behaviour. She said she had reported
to Lawton's management multiple times, but the
company hadn't dealt with it appropriately. In ad-
CIBC employee unjustly
dismissed, but doesn't get job back
Acrimonious work relationship with manager didn't warrant dismissal,
but termination with compensation was reasonable solution: Federal Court
BY JEFFREY R. SMITH
THE CANADA Labour Code doesn't al-
low unjust dismissal. When an employee
is unjustly dismissed, that employee can
usually expect to return to their job with
compensation for any lost income. But,
sometimes, things get so bad between the
employee and the employer that reinstate-
ment isn't a viable option — even if there
wasn't just cause to fire the employee in the
first place.
George Kouridakis was hired by the
Canadian Imperial Bank of Commerce
(CIBC) in October 2000. Over the course of
a 16-year career with the bank, Kouridakis
held different positions and received mul-
tiple certificates of appreciation, bonuses
and pay increases for doing a good job.
December 4, 2019
Just cause to cut the cable pg. 3
Series of meetings, reviews and warnings
enough of an opportunity for worker to
improve before he was fired for cause:
adjudicator
WORKER on page 6 »
CREDIT:
JHVEPHOTO
SHUTTERSTOCK
NOVA SCOTIA on page 7 »
with Tim Mitchell
Ask the Expert pg. 2
Requiring a terminated employee
to seek legal advice before
signing release
