Canadian Employment Law Today

August 16, 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 August 16, 2017 Security breach doesn't justify baggage handler's dismissal Employer's contract with airport allowed airport authority to request dismissal, but investigation into misconduct still required BY JEFFREY R. SMITH AN ALBERTA airport baggage handler was unjustly dismissed after the airport or- dered his dismissal following an incident leading to a security breach and delays, an adjudicator has ruled. Sayedjan Hyderi was a baggage services agent at the Calgary airport, employed with Concorde Baggage Services, a provider of baggage handling, janitorial, plumbing, mechanical, and electrical maintenance services to the Calgary Airport Authority. He was hired in early 2015 and his duties included baggage handling of checked lug- gage from check-in to when airlines take control of it. He had no discipline or secu- rity breaches on his record. e Calgary Airport Authority required all Concorde employees to undergo fed- eral government security and background Firing of employee on medical leave upheld One-day trial for return to work confi rmed ongoing performance issues were still present BY JEFFREY R. SMITH AN EMPLOYEE who claimed discrimina- tion after being fi red while on medical leave has had her complaint dismissed by the British Columb ia Human Rights Tribunal. In the fall of 2014, Charlotte Whitmore applied for the position of medical offi ce as- sistant for a doctor who had been using the assistant of another doctor renting offi ce space from him. When the other doctor de- cided to move his practice and take the ex- isting assistant with him, the original doctor had an opening. Whitmore was hired on Oct. 22, 2014, with the existing assistant agreeing to train her for two months before leaving, as Whit- more had just completed medical offi ce as- sistant training at college and hadn't done the job before. e position included patient scheduling, patient reception, billing, main- CREDIT: PAIKONG/SHUTTERSTOCK Worker's fi ring following work refusals upheld pg. 3 Attitude and reorganization were reasons for worker's dismissal, not refusals Preparing Ontario employers for the Bill 148 storm pg. 4 The Ontario government's bill is moving closer to being passed and the province's employers are bracing for a wave of change with Colin Gibson INITIAL on page 8 » TACIT on page 11 » ASK AN EXPERT pg. 2 Redundancy during disability leave

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