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FOR EMPLOYEES
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I worked with a company for almost three years and last October, I went on Parental leave for 6 months. My expected date of return was April 23rd, 2015. In March, I went to Trinidad because my father was ill. I ended up having to extend my stay because of this and was not able to return to work on April 23rd. I sent HR an email explaining the situation and asked them if they can grant me an additional month. HR responded that the most they could do was one week. I replied stating I would try my very best to be back by then. The date that HR gave me was May 30th. Unfortunately, I couldn't get a flight back for that date, I came back on May 1st. I got an email from HR on May 1st stating that as per the collective agreement, I overstayed the permitted leave and therefore they are terminating my employment. I was consulting with the Union regarding my employment and the company does not want to give me back a position there. They came to a settlement to just pay me out 1 week. I believe this is unfair as I didn't receive any termination pay and I believe I was dismissed unfairly. I was on parental leave at the time and I had an emergency situation to take care of in Trinidad. I am asking for your expert advice on how I need to proceed with this. I do not intened to go back there to work as I have experienced a lot of discrimination while I was working there along with other colleagues and I am not comfortable in that environment.

As you are unionized, you must seek recourse through your union.
The Lawyers at Samfiru Tumarkin LLP
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