Canadian Employment Law Today

May 23, 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 May 23, 2018 Dismissal of insubordinate worker not a progressive step Worker with clean record disobeyed management directive and lied about it but employer didn't follow its stated policy of progressive discipline BY JEFFREY R. SMITH A NEW BRUNSWICK employer must pay a former worker 10 months' wages for fail- ing to follow progressive discipline when it fi red him for not obeying a direction not to drive vehicles at work while the worker's li- cence was suspended. Steeve Roy, 45, was an operations tech- nician at the Bathurst, N.B., airport run by Northern New Brunswick Airport. e airport was regional and provided airplane service to the northeastern area of New Brunswick and was subject to the various standards, regulations, procedures, and laws under Transport Canada and related legis- lation. e airport's main customer was Air Canada, while it also served charter fl ights, air ambulances, and as a training facility for air cadets and reservists. Roy's job involved providing meteorologi- cal information and status reports on run- Gas-stealing corrections offi cer should be corrected, not fi red pg. 3 Offi cer used employer's gas card to gas up own vehicle, but owned up Dual obligations to 'believe the women' and provide due process pg. 4 How the #metoo movement will challenge employer responses UNSUPERVISED on page 6 » COMMON PRACTICE on page 7 » Ask the Expert pg. 2 Employee calling in sick too much CREDIT: DEYMOSHR/SHUTTERSTOCK with Brian Johnston Public works foreman fi red for unauthorized borrowing and repayment Employee claimed it was common practice to borrow funds informally from local businessman and repay them with employer's resources BY JEFFREY R. SMITH AN ALBERTA First Nations band had just cause to terminate its public works manager for using the band's resources to repay an informal loan with a local store owner, de- spite the manager's claims it was common practice, an adjudicator has ruled. Neal Potts was foreman in the public works department of the Samson Cree Nation, a First Nations band near Maskwacis, Alta. He was hired in 1975 and was responsible for a crew of 10 heavy equipment operators and truck drivers. e crew hauled material such as sand, gravel, and dirt, maintained roads, and picked up waste. As foreman, Potts' job was to conduct morning safety meetings, as- sign tasks to the crew, and check on jobs in the fi eld to ensure things were getting done. He also informed the public works manager of the crew's daily and weekly progress on various jobs. Potts had received verbal warnings in the past, but records of this weren't kept. A new public works manager who started in 2015 gave him a verbal warning about a failure to follow direction and spoke to him about not

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