PM40065782
Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
February 3, 2016
Worker dismissed for not being upfront
about overseas trip while on layoff
AN ARBITRATOR has upheld the dis-
missal of an Ontario worker who left the
country following a temporary layoff with-
out telling his employer before he was re-
called.
e worker was hired by Duff erin Con-
crete, a construction company specializing
in paving based in Oakville, Ont., in Septem-
ber 2011 as a ready mix driver. His disciplin-
ary record included a three-day suspension
in November 2014 for operating a hand-held
device while driving his company truck and
engaging in an abusive and off ensive ex-
change with a co-worker.
On Jan. 5, 2015, the worker was laid off due
to a seasonal shortage of work. Such layoff s
were common each January.
About a month prior to his layoff , the
worker had asked his supervisor for a leave of
absence to begin after Christmas. e work-
er had learned that his father in Iran was ill
and he wanted to visit his family for the fi rst
time in 30 years. He knew that once he was in
Iran it would take more than a month to ob-
tain identifi cation documents that would be
necessary to leave again, so he estimated he
would be there for three months, requiring
a leave of absence. e supervisor told him
to submit a request as soon as possible so he
could pass it on.
After the layoff , the worker contacted his
supervisor to see if his leave of absence had
been approved. e supervisor hadn't seen
any request because the worker had appar-
ently faxed it to the human resources depart-
ment, which didn't approve such requests.
e worker said he would bring it in to the
plant that day but didn't.
On Jan. 18, the worker went to Iran to visit
his family, expecting that he wouldn't be re-
called until April as had been the case in past
years. Duff erin Concrete wasn't aware of his
trip and fi ve days later recalled him from
Legitimate business reasons
not the same as just cause
Director of underperforming facility couldn't improve existing problems
in less than 2 years
BY JEFFREY R. SMITH
THE CANADIAN SUBSIDIARY of a
U.S. company must pay an employee who
it asked to transfer from the U.S. to Canada
more than $80,000 in wrongful dismissal
damages.
omas Kurtz, 55, was a director of op-
erations in California for Carquest, an auto
parts distributor, beginning in July 2005.
While in California, Carquest considered
him to perform at or above company stan-
dards.
In January 2009, Carquest closed Kurtz's
distribution centre and consolidated it with
others. e company off ered Kurtz the di-
rector of operations position at its distribu-
tion centre in Rexdale, Ont. Kurtz accepted
and moved to Canada, starting in his new
position on May 1, 2009.
However, the Rexdale distribution centre
School worker
expelled
pg. 3
Worker can't stick to
consistent story about why
he took unscheduled breaks
with Brian Johnston
CREDIT:
PHOTOGRAPHEE.EU/SHUTTERSTOCK
Ontario's new creed
pg. 4
Changes to Human Rights Commission's policy
on creed mean even bigger changes for Ontario
employers
ASK AN EXPERT pg. 2
Misconduct on a last chance
agreement
NO EMERGENCY on page 7 »
COMPANY
on page 6 »
