Unfair Dismissal?
 

This situation happened to a friend and really confused about this. Ill try to keep this as short as possible

Friend talks to employer and asks to go vacay for 3 weeks, they agree its fine and when he comes back just continue to work.

Comes back after vacay they tell him to call back monday to be put back on the schedule. Calls back and they tell him not to wait and go look for another job.

Daughter calls in and managers tell her he went on vacation to long and making excuses etc etc blaming other managers.

So pretty much hes fired...
Is he entitled to severance pay or anything because he worked there for 3+ years and the dismissal was pretty much with no warning at all
seems pretty unethical to me

What does the daughter have to do with this again?

Anyways, CALL the company or go there in person, ask them SPECIFICALLY why they are firing you. Have it on paper if possible. Then go get EI. Ask them nicely and tell them you need them to explain it correctly to Employment office.

if he's fired, he doesn't get any type of "package" If he got laid off, then yes, he would be. If he's fired, he needs to know WHY, this way you can argue with the proper facts when you go report them.

He doesn't speak english well so his daughter called in to figure out why they told him not to come back to work.
I have worked with him before and he does nothing wrong and a model employee. Hes 50+ years old man!

He needs to call the employment board. He's owed 3 weeks pay for severance and a record of employment at very least. Possibly more for wrongful termination (especially given his age).

The instructions for what to do are on the employment board's web site, if he has to go to arbitration, the employment folks tend to rule in favor of the employee.

He can't go to EI with out his Record of Employment. If that's not delivered to him within 2 days of dismissal the company he worked for can be fined.

did he get replaced? or just company downsizing?

lemme guess, the company is of chinese background? because i know of ppl that had the misfortune of going thru the same process...


just go over to the boss, and fuck him up. it pisses me the FUCK off everytime i hear this...

Sure he can he just needs to get it in as soon as he gets it. He won't start receiving benefits before they get it but he can start the process and the two week waiting period.

EI will call his employer and demand the ROE if he doesn't have it when he goes down. They won't actually process his claim until they have it though. They need to know why he was dismissed and they won't rule on if he gets benefits or not until they know if it's a firing, lay off, what have you.

It is ideal if he can have it in hand when he talks to them but if not he can have them deal with the boss for him. I'm not sure if they'll start his 2 weeks before then? My impression is they will not. But then the employer is legally obligated to provide the paper work within 48 hours so usually the delay is short.

^ agreed with the above suggestion of the Employment Board.

In this case it would be wrongful dismissal... especially because it's AFTER they agreed that he could go on vacation for that period of time. EB usually sides with employees and in this case, if he has issues with the company... such as unsafe work environment, unpaid wages and such... I would tell him to bring it up as the employers are a bunch of assholes by the sounds of it and deserve to get a strip torn out of them.

Let us know how this turns out.

Its not from a chinese company.
Surprisingly its from a big corporation....

Will keep you guys updated

What employer is this? Is this a warehouse type job?

If you guys didn't know, they have electronic record keeping now of your ROE. If the person has access to a Services Canada account, he can check if it's online if the company has the capability. I used to work at the Please Mum factory years and years ago, when I left I was issued an ROE that I since lost it but there's still an electronic copy of it attached to my Services Canada record when I needed it. It's been the same for every subsequent employer that I worked for since then. I don't need to register the records, it's done at the source.

I don't see how it would be any different for this person since he works for a big corporation that should be "reputable". Their human resources reporting capabilities should match and exceed the company I worked for nearly 10 years ago.

If the person doesn't want to call and communicate to the company, they should explore other options as well. Go to a Employment Services Canada office and talk to someone. There's one on Fraser Street somewhere between 49th and 29th I think. Google it. I am 99% certain that they have at least one person that can speak the person's native language. I'm assuming even if the person can't speak English, they should still have a Social Insurance Number, driver's license and that's all they really need to give to pull a person's record. If the person can't even present that then he's fucked, really. Sorry to say. Chances are the company can't hire and pay him under the table but if he was he's not entitled to anything as he would have made no contributions to any government sponsored plans.

If the dismissal was truly unjust, then you have a case against the employer but better do something fast as there are time limits on disputes that you can make to receive a just compensation for his grievance. Further information about labour code can be found below:

http://laws.justice.gc.ca/eng/L-2/pa...l_III-gb:l_XIV

To be honest, I suspect we are only getting one side of the story here. If the dad has infact been there for over 3 years and the company is not downsizing, need people to continue production AND has agreed to the person's time away from work, then it wouldn't have been reasonable for them to fire the person, invest any time in training a replacement nor wasting time to go through any disputes if he was truly a model employee. It doesn't make any sense from a HR or legal perspective. Chances are he fucked up somewhere along the line and pissed off management.

Bottom line, get the daughter to stop asking you to post here for you to get back to her on advice and get her to get her dad to go directly to someone that can actually do something. The more lines of communication, the more muddled the picture is and the less likely they will get anything because there are too many sides of the story for the daughter to make a clear cut case for anyone.

Not all companies file electronically but if they do, it's worth a short.

(I don't file ROEs electronically, though I do do T4s online now)

It was a restaurant job, and as you guys know people are easily replaceable
I believe they thought he was getting paid way to high and just decided to let him go

He said before he left for vacation they hired 3 young guys and we was already worried about his job.
They also told him he may lower his wage to the starting wage if he leaves for longer than the agreed time.

Well that's all against the law. They have to buy him out to replace him with a lower paid employee.

Has he contacted EI and the Employment Board yet?

I would like to know what happens also, I see it unjust that a company that he has been loyal to will just dump him for somebody younger.

Must be sometimes how girls feel. - no offence

You know what I smell.....BULLSHIT. If this "corporation" he is working for is as big as you say it is, they would have a human resources department who would handle terminations and severance. What the managers are doing is already against the labour code. The company would have to pay much more than his severance if there were to be a case made against them along with a bad rep. I dont think any corporations are willing to spend any more time disputing pennies in comparison to the legal actions that are made against them.

OPs problem originally was that he wanted to keep it short which is never a good thing when it comes to life changing situations. Tacking on information after the fact sounds like patching up the fabricated troll story.

Good point. Could be true.

If I were going to take a vacation - and it's a casual company - I would definitely have some sort of correspondence - such as an email to the manager - requesting permission for the leave. If it's a legit company, there will be paperwork - vacation/time-off request that you would have had to fill out and get approved.

If you just got it verbally approved, there is no-one to back you up. The company can just say - you decided to take time off without permission, so you are fired. Without any paperwork/proof, you would be SOL.