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Author
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Topic: Wal-Mart loses one
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James
rabble-rouser
Babbler # 5341
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posted 11 February 2005 09:36 PM
The Ontario Superior Court oj Justice on Tuesday awarded a pharmacist summarily dismissed by Walmart almost $30,000. in damages for wrongful dismissal. .Tomala v. Wal-Mart Canada quote:
I find that the plaintiff's conduct that day does not constitute gross misconduct as defined by Wal-Mart standards. In any event, Wal-Mart is not entitled to decide that just any conduct will justify dismissal at law. If Wal-Mart wishes to specify that an employee will be terminated for conduct, which will not generally warrant dismissal at law, it is free to do so but it must then also comply with the reasonable notice provision of the law. Here the conduct did not justify dismissal even by Wal-Mart's own standards. It was a single incident of misconduct by an otherwise excellent employee.
From: Windsor; ON | Registered: Mar 2004
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googlymoogly
rabble-rouser
Babbler # 3819
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posted 11 February 2005 10:21 PM
Interesting! I noticed that the degree of notice varies with the availability of similar work; I had forgotten about that; makes sense. In my case, as I mentioned in another thread, I was given no notice at all, and while there are other jobs out there that are similar to my own, there aren't any on campus this late in the term, since the positions are already filled. I can't afford the time or cost to commute off-campus several days a week, since I'm taking more than a full courseload this term. Maybe I'd have been fired anyway, I don't know (I don't think so, but it's too late now), but even if I would have been, I think I should have been given at least some notice, maybe two weeks before I was fired, so I could have tried for a similar job elsewhere on campus. My boss knew all this.
From: the fiery bowels of hell | Registered: Mar 2003
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