PM40065782
Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
April 25, 2018
Texting in sick on most days
during absence suffi cient notifi cation
Requirement for notifi cation before next shift
doesn't mean daily report during extended absence, says arbitrator
BY JEFFREY R. SMITH
A MANITOBA employer had reason
to be concerned over an employee with
attendance issues but it couldn't use a few
days of not calling in over an extended
absence as reason to dismiss her when it
knew she was ill, an arbitrator has ruled.
Angela Campbell, 42, was a labourer at the
Keystone Centre, a multi-purpose complex
featuring an arena, show ring, exhibition
spaces and meeting rooms in Brandon, Man.
She was initially hired on a casual basis start-
ing in November 2015 and became full-time
a few weeks later. Her job involved cleaning
and setting up for events at the centre, some-
times in the day and sometimes in the eve-
ning. She also sometimes worked weekends.
After she was hired, Campbell's orienta-
tion included the calling-in-sick procedure.
Employees were instructed to call the engi-
neering staff line if they were unable to come
in for a shift. If someone called in sick, the en-
gineering staff were supposed to make a note
on a whiteboard that was regularly checked.
In addition, the collective agreement had a
provision stating that any employee absent
Saskatchewan worker fi red
after child porn conviction
Off -duty conduct didn't hurt business or worker's ability to do job,
but there was potential harm to company's reputation in community
BY JEFFREY R. SMITH
WHEN AN EMPLOYEE is convicted
of a criminal charge related to off -duty
behaviour, it doesn't always mean the
employer can fi re that employee. However,
when the employer's reputation is at stake,
it can be a diff erent story — regardless
of whether there is actual harm or only
potential harm to the employer's reputation.
Christopher Jacques was hired in 2004 by
the Mosaic Company — a producer of fi n-
ished phosphate products such as crop nu-
trients, feed ingredients, potash, phospates,
and industrial products located in Esterhazy,
Sask. — to be a mine operator.
He was disciplined at one point for
damaging a bridge chair when it rolled
underneath a hardware skid, for which he
received a written warning and one-day
suspension. He also had another instance
with Tim Mitchell
ASK AN EXPERT pg. 2
Promotion without change
in pay pg. 2
No 'free pass' to forego
mitigation opportunities to
return to school pg. 3
Workers weren't trained on
circumstances that led to collision
Disabled worker fi red
for insubordination,
failure to co-operate pg. 4
Worker was on disability leave, but
didn't help efforts to confi rm claim
WORKER on page 7 »
CREDIT:
TOMASWORKS
COMPANY on page 6 »
