Sable loses 3-week employee's wrongful dismissal case
2012-12-13 13:48 ET - Street Wire
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by Mike Caswell
Sable Resources Ltd. has been ordered to pay $20,000 in wrongful dismissal damages to apprentice mechanic Jan Geller, who only worked for the company for three weeks. The company had claimed that it fired Mr. Geller after finding that he misrepresented his experience as a heavy duty mechanic. Supreme Court Justice Mark McEwan has ruled, however, that the company wrongfully dismissed Mr. Geller after he refused to come in on his days off.
The decision comes after Mr. Geller, a resident of Summerland, B.C., sued Sable in the Supreme Court of British Columbia over his July 13, 2010, firing. He complained that the company had asked him to work at its Shasta mine during days that were not part of his regular rotation. He said he refused to come in because there was not a certified heavy duty mechanic available to supervise him on those days. As he saw it, it could be unsafe for him to work without proper supervision. He sought one year worth of wages, or $68,976.
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This is another warning to all employers. The year is 2012, not 1952. The time difference in societal values is significant. In my opinion, and in my mind, in 1952, when I began a work career, if an employee had somehow misrepresented his skills and experience to a prospective employer, and could therefore not perform his expected duties, he could and might have been fired immediately, and that would have ended the situation.
In 2012, the courts, in our system of social type justice, will often find a way to blame the company for the employee's misrepresentation, so the company pays, and the employee walks away, well compensated, having learned little or no important life lesson for his future.
Thus , the moral situation for all our society sinks a bit furthur into the mire. Of course, all these statement of mine herein are not to be understood as at all factual, but are only thoughts present in my mind only, and I consider them to be useful in what should be free debate in a democratic type society in which free polite discussion needs to be be allowed.
Posted by Dave Colonel
at 2012-12-14 08:28