PM40065782
Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
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
