Canadian Employment Law Today

March 28, 2018

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 March 28, 2018 Worker's fi ring not a reprisal for unsuccessful leave request, but termination pay owed Worker quit after unsuccessful caregiver leave request, rehired and then fi red for ignoring warnings relating to misconduct BY JEFFREY R. SMITH AN ONTARIO company that hired back a worker who quit after a caregiver leave request was denied and later fi red her did not reprise against the worker but does owe her termination pay, the Ontario Labour Relations Board has ruled. Debora Cabrera was hired to work at an Ottawa franchise location of fast food and frozen dairy product retailer Dairy Queen — operated by a company called Claudia Foods — in April 2013. However, things didn't go very well before too long and there were issues with Cabrera's conduct at work —she had a habit of gossiping about her co- workers to the point where her manager had to warn her several times about being a team player and not to gossip. Cabrera also regularly extended her annual winter leave without approval or notice. e owner of Claudia Foods, Filomena Aprile, kept Cabrera employed for some time because she had invested time and money in Cabrera's training on food handling and safety and hoped things would turn around. New shift schedule to accommodate disability not discrimination Worker claimed evening shift schedule was disability and family status discrimination, but other options weren't reasonable: Tribunal BY JEFFREY R. SMITH A BRITISH COLUMBIA worker who claimed a new shift schedule because of his epilepsy that made him work more evenings was discrimination based on his disability and family status has his claim dismissed by the B.C. Human Rights Tribunal. Darcy Adair worked as a forensic security offi cer (FSO) at Colony Farm, a forensic psychiatric hospital in Port Coquitlam, B.C. that was operated by the Forensic Psychiatric Services Commission. Colony Farm looked after patients who had broken the law but were deemed not fi t to stand trial due to mental illness. Adair was fi rst hired by the commission as a health care worker in 2005 and became an FSO in 2010. Adair's job as an FSO was to safely and securely escort maximum security and high risk patients as necessary, ensure the Suitable employment, accommodation not necessarily the same thing pg. 3 Workers' compensation regime and charter rights have similar goals CSC offi cer fi red for criminal associations, using cocaine pg. 4 Corrections offi cer suspended, then fi red for violating code of conduct and then denying it despite the evidence WORKER REQUESTED on page 11 » CREDIT: TASHATUVANGO/SHUTTERSTOCK NIGHT SHIFT on page 8 » with Leah Schatz Paying employees on standby pg. 2

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