Archive for employment standards act
Never mislead your employer with medical leave issues.
Posted by: | CommentsThis is a neat but odd little case. The case of Susan Gray, Applicant v. Springfield Hotels Airport Inc. concerned an application under section 116 of the Employment Standards Act, 2000 (“the Act”) for review of an Employment Standards Officer’s (“ESO’s”) decision not to issue an order to pay against the responding party employer (“the Employer”), in respect of a claim by the applicant for termination pay.
The applicant hhad worked for the employer for more than 4 years. She was terminated in October 2007. She worked full time for the employer. In October of 2007 the applicant provided a medical note to her employer and told her employer that she needed three weeks off. The time off was for medical leave. Soon after her employer somehow found out that she was working at another hotel doing the same type of duties that she perform at her current job. Once her employer found this out the fire her a week later. He provided her with a verbal and written termination which said:
“I am writing in regards to the conversation we had this afternoon, where you were confronted with the fact and admitted that you were employed at, despite being on a three week medical leave from the Hampton Inn & Suites – Toronto Airport.”
The question that was to be determine was whether or not she was entitled to termination pay under the employment standards act. The problem was her conduct. The employers position was obviously that her termination was propelled by the applicants conduct. The labor board agreed that it was willful misconduct or willful neglect of duty.
The employee did not think she did anything wrong and emphasized that she had regularly worked hours outside for full-time employment. The problem is that she told her employer she was on medical leave while this did not seem to be the case. She tried you explain that she was not able to speak to the proper people at her current employer in order to schedule around hours to accommodate her medical leave. It appeared to be the applicant’s contention that the supervisor’s failure to meet with her absolved her of any responsibility for the misleading nature of the medical note.
The labor board did not buy this explanation and found that she was deliberately misleading her employer to become absent. The Labor Board concluded that the applicants behavior did amount to willful misconduct and willful neglect of duty. Her application was dismissed
Don’t lie your employer. Don’t take advantage of medical leaves allowed under the employment standards act. Don’t mislead anybody at your place of employment. There are people banging down doors for jobs in this economy. Be careful, be happy that you have a job due to the best of your ability.
If you have any Labor Board Issues do not hesitate to contact Matt Lalande at 9056398894 or by emailing matt@employment-law.ca
Why don’t you know ESA minimums if you employ people?
Posted by: | CommentsWhen I meet with some employers it boggles my mind that they can go through a rigourous hiring process and hire staff without knowing anything abotu the Ontario employment standards act. They tender for resumes, they interview, they funnel the candidates down, they hire a candidate and then they spend money on a contract that everyone executes. What I never understand is how employers easily invite so many labour complaints and employment standard act orders and civil law suits because they do not adhere to the bare minimums. The ESA is piece of legislation specifically designed to establish BARE MINIMUMS with resepct to hours of work, overtime, absences, wages, holidays, public holidays, layoffs, termination and severance…amongst other things. It establishes the minimums under law that you need to provide. You need to abide by it you cannot contract out of it.
Save your company money. Read it. Learn it and then call a lawyer to fix your problems.
