Canadian Employment Law Today

May 6, 2020

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 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

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