Re Global Forwarding Co and Turner

Document Type

Arbitration Decision

Publication Date

6-22-1998

Keywords

Unjust Dismissal, Canada Labour Code, Termination, Driver, Quit, Truck

Abstract

The Complainant, Michael Turner, alleged that he was dismissed unjustly, contrary to sections 240-2 of the Canada Labour Code, by the Employer, Global Forwarding Co. Ltd., with whom he had been employed since July 10, 1995. From that date to his alleged termination on August 1, 1997 he was a driver for the Employer, working out of its Dartmouth depot. The Employer, a local trucking company, took the position that the Complainant had not been fired but had quit and therefore did not have a valid claim under the sections 240-2 of the Canada Labour Code. In the alternative, in effect, the Employer argued that the Complainant was justly dismissed for refusing to accept an assignment for the week following a discussion with his dispatcher and being rude to the dispatcher. The Complainant seeks a declaration that he was unjustly dismissed and compensation for the five weeks following his alleged unjust dismissal during which he was unemployed.

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