Document Type

Arbitration Decision

Publication Date

6-12-1996

Keywords

Dismissal, Truck, Incapacity, Illness, Contact, Conversation, Complaint

Abstract

The Complainant, David Farris, alleges that he was dismissed unjustly by the Employer, Merks Farms Ltd., with whom he had been employed since July 1, 1986, as a truck driver. The Employer, a family owned corporation, which operates a trucking company and a variety of farming operations, employing, in all, about seventy people, responds that he was justly dismissed for incapacity to work due to a bad back, after the exhaustion of his short term disability entitlements. There was little dispute about most of the relevant facts, although there were differences about how much contact the Complainant had maintained with the Employer through the period of his illness and a marked disagreement on the facts with respect to a final conversation prior to the Complainant's dismissal.

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