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My son was fired form his serving job because he missed 3 shifts due to final exams in University. He gave his availability for scheduling purposes and the GM scheduled him any way on the days he stated he was unable to work because of his exams. After seeing the schedule, he tried to contact the GM in regards to the conflict in the schedule. She did not return his messages. He then spoke with the restaurant manager about the situation and she told him to post the shifts so someone else could pick them up. He did this and thought the shifts would taken by other employees. Unfortunately he did not check to see that the shifts were covered ( a noted mistake on his part). However the manager said it was his responsibility after the fact and said that 3 write ups is grounds for dismissal. He has proof that he had exams and he also has the messages he sent in an attempt to contact the GM along with a list of his availability for that week and the reason for him being unavailable on the specific dates. My question is that would this be considered grounds for dismissal?

Thank you for your question.

This would likely not be just cause for dismissal as it appears to have been based on a simple misunderstanding. It is very difficult for an employer to establish just cause, even where there is misconduct, unless the misconduct is egregious.

I would recommend that your son contact us at the number below for a consultation. Kindly note that the deadline to file any claims for wrongful dismissal is two years from the date of notice of termination.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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