Worker was resistant to employer's requests to avoid parking in restricted area
This instalment of You Make the Call features an employee who kept parking in a restricted area of the company parking lot.
Volodimir Kukhar worked for Likro Precision, an aerospace company in Mississauga, Ont., which makes special components for aircraft, much of it for the military. He was hired in 2004.
Due to the nature of Likro’s business, security at its plant was high. Parking outside the building was restricted and the company had cameras both inside and outside. Though there were no signs indicating “no parking,” the company maintained specific restricted areas.
Kukhar had a habit of parking his car near the entrance to the building, which was a “no parking” area. Management asked him to park in a proper area, but Kukhar continued to park in the restricted area.
On Oct. 3, 2014, Likro’s owner called Kukhar into his office and asked him why he didn’t park in the proper area that day. Kukhar replied that it was raining, so he wanted to be near the entrance. The owner offered Kukhar an umbrella, but he refused it. Later that day, Kukhar moved his car but went back to the owner’s office and said “I can’t work like this. I don’t feel safe. I’m going home.” He left and went the hospital, where it was discovered he had high blood pressure. After Kukhar left the plant, the owner told Likro’s controller they needed to prepare a final warning letter.
Four days later, Kukhar again parked in the restricted area, so the owner gave him the final warning letter. The owner asked Kukhar to sign the warning letter, but Kukhar refused and said he wanted to speak to his lawyer. Kukhar was advised the signature was just to acknowledge having received the letter, but Kukhar still refused. He claimed he had asked the company next door if he could park on its property beside Likro’s entrance, and the company agreed.
The owner asked Kukhar what his problem was and Kukhar loudly said he would quit. The office door was open and the controller, in the office next door, could hear what was being said. Kukhar once again reportedly said he was quitting. However, Kukhar claimed the owner told him he was fired and Kukhar repeated that fact to everyone in the office so they would know. Nobody who was in the office at the time reported hearing Kukhar say this.
Kukhar and the owner walked back to Kukhar’s machine so Kukhar could get his tool box. The operations manager helped take the tool box to Kukhar’s car and Kukhar left after returning his company fob and stamp.
On Oct. 9, Kukhar called the controller to ask when he was going to get his record of employment and what the reason for termination would be on it. The controller replied “quit” and Kukhar said that wasn’t right. A couple of hours later, Kukhar showed up looking for the owner, but the owner wasn’t there so he left.
About 30 minutes later, the shift supervisor came to the owner’s office and told him Kukhar was back working at his machine. Kukhar had told the supervisor to tell the owner he was there to work. The owner asked Kukhar what he was doing and said he was trespassing because he didn’t work there anymore. The owner testified Kukhar ignored him, but Kukhar claimed he said he didn’t quit and asked if the owner was firing him, to which the owner replied in the affirmative.
The owner called 911 to have police remove Kukhar from the building. Police arrived and gave Kukhar a warning. Shortly thereafter, Kukhar called 911 himself asking for an ambulance and saying he was experiencing chest pain. He spent the night in the hospital.
Kukhar then filed a complaint with the Ontario Labour Relations Board, saying he was fired and deserved severance pay.
You Make the Call
Did the company fire Kukhar?
OR
Did Kukhar quit his employment?
If you said Kukhar quit his employment, you’re right. The Ontario Labour Relations Board found the owner and controller were clear in their evidence and had no reason to lie about it. It was also unlikely the company wanted to terminate Kukhar’s employment because he was a skilled worker with 10 years of experience, which were hard to find for Likro.
The board found Kukhar’s version of events didn’t have credibility, particularly since he claimed the owner told everyone in the office Kukhar was fired, yet no-one in the office at the time could corroborate this.
The board also found Kukhar’s actions confirmed his intention to quit when he went to get his tool box and turned over his fob and stamp. Though he returned to Likro two days later to protest that he didn’t quit, he didn’t do so on the day he did it.
“It is clear that (Kukhar) intended to ‘quit’ his employment with Likro and acted accordingly,” said the board. “While (he) may have had a change of heart on Oct. 9, 2014, that does not alter his decision of Oct. 7, 2014.”
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