Canadian Employment Law Today

February 3, 2016

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.

Issue link:

Contents of this Issue


Page 0 of 7

PM40065782 Emplo y ment Law Today Canad ad a ian 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 »

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Employment Law Today - February 3, 2016