Canadian Employment Law Today

November 17, 2021

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 Ask an Expert PG. 2 Unresponsive employee on medical leave Alberta worker on international secondment gets nearly $500,000 for wrongful dismissal PG.4 Worker was told 5 weeks before end of secondment that regular job was also terminated on same date AN ONTARIO worker cannot sue his former employer for wrongful dismissal and harassment damages because he signed an enforceable and binding release in exchange for a lump-sum retirement payment, the Ontario Superior Court of Justice has ruled. Thomas Bayes was hired by the Royal Bank of Can - ada (RBC) in 2008 to be the senior manager in RBC's corporate investigation services. In 2014, Bayes was a whistleblower about a work- place harassment complaint against an RBC employ- ee. The following year, Bayes himself made a harass- ment complaint about the employee. In May 2017, Bayes was diagnosed with cancer. He took a leave of absence a month later, which he attrib- uted to stress and a lack of support from senior man- agement, along with the harassment he experienced. Bayes was scheduled to return to work on Aug. 14. The Friday before, Aug. 11, Bayes contacted RBC's vice-president of investigations, financial crimes, to ask about staffing changes. He also asked about his employment status at RBC and the vice-president told him that his employment would be terminated upon his return. A BRITISH Columbia company didn't discriminate against a worker on maternity leave when it eliminated her position and offered her a different one when she returned, the B.C. Human Rights Tribunal has ruled. Savitri Thejoisworo was employed as a re - search development technologist for North- ern Gold Foods, a manufacturer of food products such as cereals and bars. The com- pany operated two facilities in Canada, one in B.C. and one in Ontario. Thejoisworo was hired to work at the B.C. facility in March 2015. She was the only employee at the facil- ity in a research and development position. In March 2018, Thejoisworo went on sick leave followed by maternity leave. It was her second child and maternity leave while em- ployed with Northern Gold. The company November 17, 2021 Wrongful dismissal claim unsuccessful, but reasonable PG.3 Court reduces cost award against employee terminated for cause because it was 'a close call' THE WORKER on page 7 » CREDIT: VALENTINRUSSANOV iSTOCK WORKER WASN'T on page 6 » with Tim Mitchell Ontario worker's wrongful dismissal, harassment action derailed by release Worker asked for extensions and changes, but didn't object to release; he was knowledgeable and received consideration for signing Elimination of B.C. worker's job during maternity leave not discrimination Employer had business reasons for elimination of position; offered worker new job at same pay but with different schedule BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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