Legal briefs

Employer jailed for ignoring union contract; No obligation to provide glowing reference letter

Employer jailed for ignoring union contract

FORT FRANCIS, ONT. — The owner of the Rainy Lake Hotel in Fort Francis, Ont., was sentenced to 30 days in jail after ignoring the terms of a collective agreement, arbitration awards and court orders.

Ladislav Syrovy disregarded rulings requiring the hotel to pay wages, provide T4 slips and remit health and dental plan group insurance premiums, union dues and other payments required by the collective agreement negotiated with the United Food and Commercial Workers.

Justice George Smith of the Ontario Superior Court of Justice said the court wanted to send a message to employers and the public that it would not tolerate this type of conduct. Anything short of incarceration would be ineffective given Syrovy’s history of disregarding orders, he said. The court also ordered Syrovy to pay a $25,000 fine and said if he failed to pay the fine, it would increase by $1,000 per month.

No obligation to provide glowing reference letter

VANCOUVER — Employers are under no obligation to provide a glowing reference for a former employee, the British Columbia Supreme Court has ruled. The case involved Ken Ashby, the former chief legal officer for Vancouver-based EPI Environmental Products Inc.

The company decided to outsource its legal needs and terminated Ashby’s employment. Ashby requested a positive reference, and even drafted a reference letter for the company to use.

EPI refused to use that letter, and was unwilling to commit to giving only favourable responses should any future employers call with questions about Ashby.

The court said there is no obligation to provide a positive reference, and there are many valid reasons for an employer refusing, including the risk of increased damages if it gives a misleading reference.

The business world and employment litigation are not served by requiring employers to give good references, the court said.

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