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News Flash: Timbit Theft Case Has Happy Ending

by David Doorey May 8, 2008
written by David Doorey May 8, 2008

Blaming an “overreaction” by the Store Manager, Tim Horton’s has rehired the woman who had the nerve to give a 16 cent timbit donut to an infant child.  I’m sure the media played no small measure in the resolution of this particular case.   Unfortunately, most people dismissed by “overreacting” or just plain dumb or mean managers won’t have the media to help them.  
Think about what legal avenues would have been available to this woman had Tim Horton’s head office not intervened.  She could have filed an employment standards claim to try and obtain a few weeks’ worth of “notice” pay.  She could also, in theory, sue in court for wrongful dismissal, but that would not likely net her much more than would the employment standards complaint, especially after deducting the costs of bringing that action.  But note that, in either case, she would not get her job back.   Non-union employers in Ontario can fire someone for no reason at all, provided they give the employee  notice of their dismissal, and even if proper notice is not given, neither a court nor the Ontario Labour Relations Board will order the employer to reinstate the employee.  Do you think that the law should require employers to have a “good” or “just” reason to dismiss someone?
Note also that Timmies “re-hired” the employee at another store.  Do you think her service will be treated as continuous if she is  dismissed again?  Does she get credit for her 3 years service before the timbit incident when it comes time to assess her years of service later?  Hmmm

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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@SCLSclinic and I were so fortunate to represent this client last year. I am thrilled that this decision brings more clarity for family status accommodations rights amidst a pandemic that has tested parents, caregivers, and families like never before. https://twitter.com/CanLawWorkForum/status/1364605259071561730

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Here's my latest in @jacobinmag.

If Ontario's labor laws applied in Alabama, the Amazon vote would have been held months ago so workers could get back to their jobs. Instead, the NLRA permits Amazon to conduct a months' long onslaught of anti-union propaganda. https://twitter.com/jacobinmag/status/1364613560425275392

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Amazon workers in Alabama are voting on whether to unionize, but the company is bombarding them with anti-union propaganda. In Canada, by contrast, votes are held quickly, making it harder for companies to stack the deck — a model that can work in the US. http://jacobinmag.com/2021/02/amazon-alabama-canada-labor-law-union-vote

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CanLawWorkForumCLWF@CanLawWorkForum·
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New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

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