Employee Wrongfully Terminated in Recent Federal Case September 05 2019

In the recent decision of Petrunik v Candu Energy Inc., 2019 a federal arbitrator ruled that terminating an employee due to their refusal to partake in training constitutes wrongful dismissal.

In this case, management at a nuclear power company spent several months attempting to convince an employee who was refusing to partake in a refresher training course on radiation safety to participate in the course. After months of communicating with the employee, the employer terminated his employment on the grounds of his refusal to participate. The employee then agreed to partake in the training course, but the employer continued with their decision to terminate.

The employee claimed wrongful dismissal and the arbitrator was in agreeance, and reinstated the employee. It was found that although the employee’s refusal to participate in the training was insubordination and worthy of discipline, immediate termination without progressive discipline was too harsh. The arbitrator alternatively appointed a penalty of a two month unpaid suspension.

If you would like more information on legislation regarding termination, progressive discipline, and/or wrongful dismissal, please contact our team of HR advisors using the OnDemand ticketing system.

Source: HRInsider