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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85413
Experience:  Lawyer
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T.W.I.M.C. ---My name is XXXXX XXXXX I was terminated on Oct.

Resolved Question:

T.W.I.M.C. ---My name is XXXXX XXXXX I was terminated on Oct. 30, 2013

My position was night shift supervisor. The tool shop is under the controlled goods program, and a secure building. One of my duties is the safety and welfare of the employees under my care. I had a complaint about the heat at that end of the building, so I propped the side entrance door open (against CGP regulations) and brought a pedestal fan to cool the area. This was supposed to be temporary and the door was to be closed again. At no time was the door not being watched while I was there. At 3:00 AM, I was leaving for the night,(intending to close the door on my way out) when I was called over by an employee needing help with an issue. When I did leave, I left the door open as an oversight. I could have turned the air conditioning on, but I thought that would be a waste, because it was about 45*F outside. In hindsight, I should have turned the air on and not opened the door at all.
It is company policy to reprimand employees with a succession of verbal warnings and suspensions before termination. I have not received any previous reprimands in the time of my employment here. I am a good, conscientious employee who made a bad judgment call. I feel that a suspension would have been more in order, and termination excessive. Time of occurrence was the morning of Thursday, Oct 31 at the end of my Wednesday night shift. I would like my job back.
Submitted: 8 months ago.
Category: Canada Law
Expert:  Legal Ease replied 8 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Are you in a union?
Customer: replied 8 months ago.


No

Expert:  Legal Ease replied 8 months ago.
If an employer wants to dismiss an employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted.

If this was not the case then you should consider a claim for wrongful dismissal and seek damages from your employer.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

The problem is that it's not that clear whether this action was so extraordinary or not.

If you left the door open when you left and in particular because this was contrary to the regulations then it's very possible that a Court would side with the employer.

If you were to succeed in Court you would not get your job back. You would get damages for wrongful dismissal.

I suggest that as your next step you have a face to face consultation with an employment lawyer who can analyze the facts in more detail.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85413
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you

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