PM41261516
Business visitors or foreign
workers? PG.4
The blurry line in Canadian
immigration law
BY JEFFREY R. SMITH
A BRITISH Columbia worker's claim of racial dis-
crimination after being terminated while on proba-
tion has been dismissed by the B.C. Human Rights
Tribunal.
The worker began working for Terrapure Environ-
mental, a waste management services company based
in Burlington, Ont. on June 25, 2018. His role was that
of a truck driver operating out of a B.C. location carry-
ing waste from clients to be disposed of. He was sub-
ject to a three-month probationary period from the
date of hire so the company could "assess his perfor-
mance to determine whether or not Terrapure wanted
to continue his employment."
According to the worker, one month after he started
work at Terrapure, on July 24, the senior operator to
whom he reported approached him in the lunchroom
while he was eating lunch. The senior operator looked
at the worker's lunch and said, "So stinky, are you eat-
ing Chinese food?" This upset the worker, whose eth-
nic background is Chinese.
Supervisor's unpleasant behaviour
not constructive dismissal
Alberta worker claimed her resignation was due to toxic work environment
BY JEFFREY R. SMITH
AN ALBERTA employee who resigned over her
supervisor's conduct and claimed a toxic work
environment was not constructively dismissed,
according to the Alberta Court of Queen's Bench.
Michelle Gibb joined the Palliser Regional
School Division based in Lethbridge, Alta. in De-
cember 2009 as its director of finance. Her em-
ployment contract included a probationary pe-
riod and a termination provision — one month's
advance notice or pay in lieu of notice for each
year of service, up to a maximum of six months,
for termination without cause. Gibb was entitled
to terminate the contract with one month's ad-
vance notice in writing.
Gibb continued in the director of finance role
until March 2011 when she was promoted to the
corporate treasurer position. Palliser provided a
May 6, 2020
Worker's absences from continuing education cause
for dismissal PG.3
Ontario worker's excessive absences to pursue
education need not be tolerated by employer:
arbitrator
WORKER SATISFIED on page 6 »
CREDIT:
DESIGNER491
iSTOCK
SUPERVISOR'S COMMENT on page 7 »
with Leah Schatz
Ask an Expert PG. 2
Reviewing termination
letter
Race not a factor in probationary
employee's dismissal
Decision to terminate B.C.worker based on performance during
probation; manager who hired worker 1 month earlier made decision
