Canadian Employment Law Today

PM40065782 Emplo y ment Law Today Canad a ian www.employmentlawtoday.com May 14, 2014 Hydro One worker fi red for profance tirade reinstated pg. 3 Worker acted insubordinately but was under stress and not at work Competition allowed for a fee A RESTRICTIVE covenant has been upheld by the B.C. Court of Appeal because it al- lowed a departing employee to set up shop — for a price. A new veterinarian in Creston, B.C., signed an agreement with a clinic that stipulated if she set up her own practice within 25 miles, she would have to pay $150,000, if within one year. The amounts owed were $120,000 and $90,000 if within two and three years, respectively. Though the agreement was a "restraint of trade," it was upheld because it allowed the vet to practice in the area if she paid the agreed-to amounts. IN SHORT Case In Point pg. 4 Four fundamental steps to accommodating employees with disabilities can make the process less painful ASK AN EXPERT pg. 2 Health and safety and workplace harassment with Brian Kenny Six-month notice of resignation upheld for BlackBerry exec Court agreed contract provision was reasonable to allow for transition of important position BY JEFFREY R. SMITH A FORMER BLACKBERRY executive must give his employer six months notice of resignation, the Ontario Superior Court of Justice has ruled. Sebastien Marineau-Mes was a long-time employee of QNX Software Systems, a soft- ware company that was acquired by Water- loo, Ont.-based BlackBerry. Marineau-Mes stayed on with BlackBerry and, eventually reached the position of senior vice-presi- dent, software, by early 2013. In the fall of 2013, Marineau-Mes was of- fered another promotion to executive vice- president, platform development (EVP). In this role, he would be responsible for about 3,000 employees, including 11 vice-presi- dents and 70 directors. On Sept. 24, Black- Berry gave Marineau-Mes a letter of con- fi rmation of the promotion and a contract. After his lawyer reviewed it, Marineau-Mes signed the contract on Oct. 16. e employment contract included a provision that stated Marineau-Mes could resign from his position "at any time upon providing six months prior written notice." e provision also stipulated he must pro- vide "active service" during the notice pe- riod unless BlackBerry waived it. He would also receive only his base salary for the six-month notice period plus "reasonable unpaid expenses," and his benefi ts would stop on the date of termination. Finally, Last chance agreement must be respected: Arbitrator AN ONTARIO arbitrator has upheld the termination of an employee under a last chance agreement under which the employ- ee had been previously reinstated. Early in 2014, Bombardier Aerospace, the Canadian-based international aircraft manufacturing company, terminated the employment of one of its Ontario workers. e union fi led a grievance and, on Feb. 4, an agreement was reached in which the worker was reinstated with a lengthy suspension. e reinstatement also included terms and conditions that amounted to a last chance agreement. Under the agreement, the worker was required to remain free of any discipline and comply "with all employer rules, regu- lations, policies and practices" during the period the last chance agreement was in ef- fect. In addition, he also had to comply with Bombardier's attendance management pol- icy by providing "satisfactory reasons" and documentation to back up any late arrivals or early departures from work. Bombardier stipulated — and the union and the worker agreed — that the last chance agreement would be the worker's "last and fi nal opportunity to redeem him- self as an employee of the company follow- ing a lengthy discipline history which has included prior termination for breach of company rules and policies." It was made TRANSITION on page 6 » PRECARIOUS on page 7 » CREDIT: REUTERS/MARK BLINCH

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