Canadian Employment Law Today

May 24, 2017

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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PM40065782 Emplo y ment Law Today Canad ad a ian May 24, 2017 Progressive discipline: Stick to the plan AN ONTARIO company unjustly dismissed a worker with a lengthy disciplinary record because it didn't follow its own progressive discipline policy, an adjudicator has ruled. Michael Dominato was employed by Windsor Disposal Services Limited (WDS), a Windsor, Ont.-based waste management company, as a front-end driver. WDS hired Dominato in February 1997, and his posi- tion involved driving to customers' locations and emptying large metal refuse bins into his truck. e truck had forks at the front that were used to pick up the bins, lift them above the cab and dump their contents into a large container section behind the cab. After emp- tying, the bins were lowered back onto the ground. WDS had a progressive discipline policy that featured verbal warnings as a fi rst step, followed by escalation to written warnings, suspensions without pay, and fi nally termi- nation. Health and safety violations started at the second step, and "certain infractions of a more serious nature may start with an advanced level of progressive discipline at the discretion of the company." On May 5, 2011, Dominato was distracted while driving his truck and hit a pole, bend- ing a ladder and breaking a clearance light. e estimated cost of the damage was be- tween $4,000 and $7,000. WDS suspended Dominato for two days without pay due to the high cost of the accident and the com- pany's concerns that he was distracted in the fi rst place. He was also informed that further incidents would be subject to disciplinary action up to and including dismissal. In the fall of 2011, WDS received four complaints from a customer that he wasn't replacing refuse bins where they belonged after emptying them. He received verbal warnings at fi rst and, after the fourth com- plaint, he was given a report on the discus- sion about them and told similar incidents in the future would lead to more discipline. Dominato admitted he didn't place the bins in the right spot, but said there was little space in which to manoeuvre, he only mis- placed it two or three times, and he was Worker wins benefi ts coverage for medical marijuana Private welfare plan's refusal to cover prescribed drug placed him at a disadvantage to other benefi ciaries because of his disability BY JEFFREY R. SMITH A NOVA SCOTIA benefi ts plan discrimi- nated against a disabled worker when it denied coverage of medical marijuana prescribed to the worker by a doctor and supported by medical evidence of its posi- tive eff ects, the Nova Scotia Human Rights Commission has ruled. Gordon Skinner was an elevator mechan- ic at the Dartmouth, N.S., offi ce of yssen- Krupp Elevator Canada, a Toronto-based elevator company. On Aug. 13, 2010, Skinner was in a motor vehicle accident while working. e injuries he suff ered led to chronic pain as well as anx- iety and depressive disorders, to the point where he was no longer able to work and re- ceived permanent impairment benefi ts. Skinner's medical conditions were treated with pain medication and antidepressants CREDIT: ATOMAZUL/SHUTTERSTOCK A weight issue pg. 9 Discrimination based on physical size may become the next big human rights issue Walking a fi ne line with terminations pg. 4 When can an employer safely terminate an employee who is on disability leave without breaking the law? with Tim Mitchell DISADVANTAGE on page 8 » SUSPENSIONS on page 11 » ASK AN EXPERT pg. 2 Notice of dismissal for short-term employees

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