A commercial truck driver in Alberta has been awarded two-and-a-half months’ notice in damages after a court ruled he did not resign or abandon his job, but was wrongfully dismissed without notice.
The dispute began after the driver, AS, suffered a workplace injury in October 2019 at his job at Recycling Worx Inc. (RWI), leading to a fractured clavicle. After a period of modified duties and a medical leave, AS was expected to resume his full-time duties by Sept. 15, 2020. However, a disagreement arose between AS and RWI regarding his readiness to return to work and the nature of his duties.
RWI claimed that AS had resigned, citing a company policy that considers employees to have resigned if they are absent for three consecutive working days without contacting the office. However, the court found that this policy was not binding on AS and that he did not resign or abandon his employment.
AS initially filed a claim against RWI, alleging workplace harassment, breach of good faith, unjust termination, and breach of several statutes. However, he later narrowed his claim to focus solely on wrongful dismissal.
The Court of King’s Bench of Alberta decision took into account various factors, including the ambiguity of RWI’s resignation policy and the lack of clear communication between the parties regarding AS’ return to work. It was determined that he did not intend to resign and that RWI’s actions amounted to a dismissal without proper notice.
In addition to the damages awarded, calculated at $11,250, AS is entitled to pre-judgment and post-judgment interest. The decision also outlines a process for resolving any disputes over costs arising from this case.
This judgment highlights the importance of clear policies and communication in employment relationships, particularly regarding return-to-work arrangements following an injury.
For more information, see Stonham v Recycling Worx Inc, 2023 ABKB 629 (CanLII)
