In Murphy v Factors Labs (2020 BCPC 163) Burnett J., upheld the termination of a long service factory employee who refused to wear a “Bump Cap” (which is a form of hard hat) because she claimed it aggravated her migraine headaches. She provided a short medical note from her doctor. The Company asked for a more detailed medical report and the plaintiff refused, without giving a valid reason.
In Attzs v Saputo ( 2020 )NSC 5512) Kimmel J., had a short-term warehouse worker who was caught vaping in the workplace which was against the no smoking policy. The Judge found that it was plausible that the worker did not know that vaping was included in that ban as the company had not made that clear. Moreover, two other employees who were also vaping were only given warnings. The Judge held that the misconduct should have been dealt with in a proportionate manner with discipline but not termination.
Latest posts by Barry B. Fisher LL.B. (see all)
- If the employer alleges just cause but fails to prove it, can they then rely on the not for cause clause? - October 18, 2021
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- Failure to interview plaintiff before terminating for just cause problematic - August 16, 2021