PM41261516
No walk in the park PG. 4
10 of 18 months spent at bank
were assignment from temp
agency
Nova Scotia worker unjustly
dismissed but no reinstatement
Worker was on last-chance agreement with a significant disciplinary
history; employment relationship not viable, adjudicator says
BY JEFFREY R. SMITH
A NOVA SCOTIA worker's rocky disciplinary history
meant no reinstatement for being injustly dismissed.
Instead, the worker's former employer must pay six
months' pay in lieu of notice, an adjudicator has ruled.
Derrick Matthews is a bus driver with experience
driving various types of buses for several companies.
In 2015, he was in his early 60s. Absolute Charters, a
charter bus tour company, hired Matthews as a part-
time charter bus driver in the Halifax area.
Absolute Charters, due to the nature of its business,
had seasonal swings. September and October were
particularly busy every year, as it was the season when
more cruise ships came into port with passengers
looking for sightseeing opportunities. During those
months, bus drivers were not allowed to take time off.
Matthews was seen as a competent driver with his
extensive experience driving large buses, including
double-deckers. However, Absolute Charters had to
discipline him on multiple occasions within three
years of his hiring.
Single incident of sexual harassment
warrants termination
Ontario worker's slapping of female co-worker's buttocks and lack of remorse
afterward sufficient to skip progressive discipline and go right to dismissal
BY NIVEDA ANANDAN
IN RESPONSE to employee misconduct,
employers can implement a system of
progressive discipline that entails coaching, a
verbal warning, a written warning, suspension,
a final warning and, finally, termination for just
cause. However, the Ontario Superior Court
of Justice, in Render v. ThyssenKrupp Elevator
(Canada) Limited, has affirmed that certain
egregious violations of company protocol
— such as sexual harassment — warrant
immediate dismissal without notice.
Mark Render worked for ThyssenKrupp El-
evator (TKE) and its predecessor company for
30 years before he was dismissed. At the time
of his dismissal, he was 51 years of age and was
April 8, 2020
Bad news for New Brunswick newspaper's
managing editor PG.3
Managing editor's failure to reveal all information
during investigation into potential conflict of
interest breached trust and put company's
credibility at risk
WORKER on page 6 »
CREDIT:
KADMY
iSTOCK
LAST CHANCE on page 7 »
with Colin Gibson
Ask an Expert PG. 2
Termination pay and
severance pay
