Customize Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorized as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site. ... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

No cookies to display.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

No cookies to display.

Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

No cookies to display.

Home Featured Injured Alberta truck driver didn’t abandon position or quit, court rules, in awarding 2.5 months’ reasonable notice

Injured Alberta truck driver didn’t abandon position or quit, court rules, in awarding 2.5 months’ reasonable notice

by HR Law Canada

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)

You may also like