'Less than ideal employee' sent packing after missed shifts and mistakes at work
This instalment of You Make the Call features an employee who was fired after a series of warnings and reprimands over a short period of time.
Roy Jones, 48, was hired on Feb. 7, 2000, by Patriot Forge Company, a maker of custom metal components for industrial companies based in Brantford, Ont. His employment with the Patriot Forge was uneventful until a period from June 17, 2004, to Aug. 15, 2005, when he had several absences and other problems with which the company took issue.
On June 17, 2004, Jones missed his shift without giving advance notice, but no action was taken. A few months later, in September, he came to work and told his supervisor he wouldn’t be in the next day because he intended to “party” that night and had already consumed some alcohol. Patriot Forge suspended him for two shifts without pay since it didn’t accept a hangover as a reasonable excuse for missing a shift. Jones was given a warning letter about reasons for absence as well as reprimanding him for coming to work after consuming alcohol.
In November 2004, Jones was involved in two incidents that also resulted in warnings. In the first, he made an error on a shop order and was told to read shop orders carefully and ask for clarification if needed. In the second, he found a leak in a propane cylinder valve. He couldn’t find a “do not use” sign so he left a note on his supervisor’s desk and left the tank outside the office in an enclosed area. Patriot Forge reprimanded him for leaving the tank in an enclosed area. However, Jones disputed it was a safety risk as he said the tank only leaked when attached to a tow motor.
In February 2005, Jones received another warning, this time to be more careful after he hit something in the warehouse with a tow motor and caused damage.
Jones was sick for a few days in July 2005 and he missed four days of work. He gave Patriot Forge notice for the first day but didn’t call in on the second day. A friend left a message he wouldn’t be in on the third day and no notice was given for the fourth. Patriot Forge reprimanded Jones in writing for not giving proper notice, suspended him for three days and told him to personally call his supervisor at home for any further absences. He would also be required to provide a doctor’s note for any medical absences.
On Aug. 15, 2005, Jones had to attend court to be a surety for a friend. Another friend called Patriot Forge at 3 a.m. and left a message that Jones was sick and wouldn’t be in.
The following day Patriot Forge terminated Jones for cause, though his termination letter didn’t give a reason for termination.
You Make the Call
Did Patriot Forge have just cause to terminate Jones’ employment?
OR
Was Jones wrongfully dismissed?
If you said Jones was wrongfully dismissed, you’re right. The court recognized Jones “was less than an ideal employee” who had been warned on several occasions and disciplined with suspensions twice. However, it noted his absences only added up to six missed shifts over a 14-month period and only three were without proper notice. Of those three, two were part of four consecutive days when he gave notice of his illness the first day. The court also found the ship order error and damaged equipment were the only such instances in his more than five years with Patriot Forge.
The court found Jones made some errors and was appropriately disciplined for each of them at the time. It also found there was no record of any problems with Jones’ conduct in the first four years of his employment. The cumulative effect of his absences and errors was not significant enough to constitute a repudiation of the employment relationship and provide just cause for termination, the court said.
