By Adrian Miedema
A safety officer whose duties included maintaining his employer’s Certificate of Recognition (COR) certification was not fired for just cause, a court has decided. The company claimed that it lost its COR certification due to his failure to complete certain COR requirements by an end-of-year deadline.
The judge noted that the COR certification “recognizes a high standard of industrial/commercial safety and thereby creates several associated benefits for companies that maintain certification”, and “A COR designation gives a company significant credibility as a leader in high safety standards. Further, it is a prerequisite to serving certain clientele, such as the municipalities of Edmonton and Calgary, and creates significant reductions in WCB premiums.”
The company lost its COR certification when the safety officer failed to meet certain COR requirements including the requirement that an external auditor receive an application for an audit by the Dec. 31 deadline. The company viewed this as “‘potentially disastrous’ to the company, as it jeopardized several contracts with both the City of Edmonton and the City of Calgary.”
The court found that the safety officer naively believed that, despite the lack of assistance available to him, he could complete necessary internal safety audits in time or get an extension. The court stated, “Naiveté is not dishonesty. I find he honestly believed that he would obtain this extension of time.” The application for an extension of time was rejected, the company lost its COR certification and the employee was fired.
The court noted that the safety officer had become very ill with an autoimmune disease. Also, his supervisor left the company and his new supervisor worked in another city, which meant that they would no longer have daily interactions. The court decided that the employer had repudiated the employment relationship by eliminating the assistance that the safety officer required from other employees to carry out his duties, and eliminating the supervision and support that he required. The safety officer had pleaded for help and “this plea fell on deaf ears.”
As such, the termination was without just cause. The safety officer, who had four years of service and earned $82,400 per year, was entitled to six months’ notice of termination. His damages, after deducting his mitigation income from new employment, were $28,709.
We understand that this decision has been appealed.
For more information, see Tipon v. Fleet Brake Parts & Service Limited.
Adrian Miedema is a partner in the Toronto Employment Group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts. For more information, visit www.dentons.com or www.occupationalhealthandsafetylaw.com.