Employer wanted employee to work a shift on second day of vacation
This instalment of You Make the Call involves a dispute over an employee’s vacation and a termination of employment that followed.
Lerae Bigelow was a day supervisor for T.C. Mobile Vessels, an oilfield service company providing monitoring and testing services for the oil and gas industry based in Brooks, Alta., owned by her cousin, Trevor Bigelow. She started working for T.C. Mobile on in August 2006 and her duties included transporting supplies, fuel and workers to and from job sites, training employees and carrying out job inspections.
Lerae Bigelow didn’t have set work hours because T.C. Mobile responded to client needs that could come up at any time. As a day supervisor, others typically handled night calls. T.C. Mobile had a written job description outlining her role, but there was no written employment contract or policies on vacations and discipline.
In late June 2009, Lerae told her cousin Trevor that she would be taking vacation some time in August. She also noted that the client she normally worked with would also be on vacation around that time so she didn’t anticipate any problems. In July, she advised Trevor she would be taking her vacation from Aug. 19 to Aug. 31.
However, as she started her vacation on Aug. 19, Trevor told her he would need her to work a night shift the next day. Lerae refused, saying she had already booked her vacation and, as a day supervisor, it was unfair to ask her to work a night shift. Trevor said nothing more at the time and Lerae went on her vacation.
On Aug. 20, Lerae called the office and told the employee on duty she would find a replacement. She found someone, but the employee texted her that the shift didn’t go through.
Lerae received a text from Trevor on Aug. 25 indicating he was upset and demanding she bring her equipment to the office. When she came back to town a couple of days later, she couldn’t get a hold of him but received texts indicating he would talk to her later. However, she found out other employees had been told she had been fired. She texted Trevor again and he confirmed it.
Trevor Bigelow denied getting a request for vacation from Lerae in June and argued she initially agreed to work the shift then later changed her mind and refused to work, which constituted insubordination and just case to terminate her employment.
Trevor attempted to contact Lerae over the next few weeks, but Lerae was too upset to respond. T.C. Mobile eventually sent her a Record of Employment dated Sept. 9, 2009.
You Make the Call
Was Lerae Bigelow wrongfully dismissed?
OR
Did T.C. Mobile have grounds for dismissal?
If you said Lerae Bigelow was wrongfully dismissed, you’re right. The court found inconsistencies in T.C. Mobile’s records, including entries in Trevor Bigelow’s day timer that appeared to be added after the fact. Trevor also admitted some of his dates were incorrect.
The court noted there were no previous acts of insubordination or other discipline in Lerae’s service with T.C. Mobile. It also found the telephone conversation on Aug. 19 left it unclear to Lerae that she would face any consequences for not working the night shift.
In addition, there wasn’t any evidence Lerae was the only one available for the night shift or the only one who could perform the work, said the court.
“Although an employer is entitled to request an employee to re-book vacation as to accommodate its requirements, the employer must be reasonable,” said the court. “The evidence does not support the reasonableness of the employer’s actions.”
