5/15/2020
Topic:
Employment Rights
msamontan
|
I just want to consult regarding Canada's Employment Standards Act. If my case can be considered as wrongful dismissal.
I was interviewed by the owner on May 7, was sent a contract on May 9. Agreed start date was May 11. I was scheduled to go on training for 3 hours from 10AM - 1PM on May 11, 12 and today May 15.
However, after my shift today, I received an email from the owner that I am not a good fit for the role and including papers to sign so I can receive my compensation for the hours worked. I was confused and asked for further clarification and was informed that it was because I failed to wear the face masks on Tuesday and then today.
I was only told by my manager today to wear the mask at all times. I do not remember taking the mask off on Tues as well. Although, I could probably be wearing it wrong, because the masks keeps sliding down. BUT still I was not informed of anything about it on Tuesday.
Today, however, I was wearing mask the whole time, BUT for a moment, I pulled it down because my eyeglasses were getting foggy but did not take it off. The owner must have caught that on CCTV, thus the email.
Reviewing the contract and ESA, it does states that the employer has the right to terminate the employee without notice and is not required to provide any reason if employees are guilty of any wilful misconduct as outlined in the contract. Wearing the face mask incorrectly is not a wilful disobedience or wilful negligence.
It is unfair to be terminated arbitrarily. I was not given a chance to redeem myself. I just want to feel some sense of justice. Is my case considered wrongful dismissal?
Thank you very much for your time. |