22 total
Order to pay confirmed; employer failed to prove employee quit where only hearsay evidence presented.
The applicant employer sought a review of an Employment Standards Officer's Order to Pay, arguing that the respondent employee had quit by failing to report to work.
The employee testified that he had called in sick and was subsequently told by his supervisor that he was terminated.
The employer's only witness was the general manager, who had no direct knowledge of the events and relied on hearsay from the night supervisor.
The Board accepted the employee's uncontradicted first-hand evidence, found that he was terminated, and confirmed the Order to Pay.
Failure to follow absence reporting procedures due to medical issues did not constitute wilful misconduct.
The employer applied for a review of an Employment Standards Officer's order requiring it to pay termination and severance pay to a terminated employee.
The employer argued the employee was disentitled to such pay due to wilful misconduct and neglect of duty, specifically excessive absenteeism and failure to follow absence reporting procedures.
The Board found that while the employee breached reporting policies, his absences were related to a valid medical reason and he was not deliberately trying to mislead the employer.
The Board concluded the employee's conduct did not amount to wilful misconduct or wilful neglect of duty under the Employment Standards Act.
The Order to Pay was confirmed.
