Quebec teacher fired for taking leave to be on Survivor: Employment lawyer on Newstalk 1010

Interview Summary

A 39-year-old elementary school teacher has been fired after taking an unauthorized leave of absence to be on Survivor Québec.

While this situation involves a unionized employee, what rights do non-unionized workers have? Do you have to get permission from your employer before taking a leave of absence?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP, joined Newstalk 1010’s Jim Richards to discuss the dismissal and key takeaways for non-unionized employees in Ontario.

Interview Notes

• Rights of non-unionized employees: Pinkus discussed the possible differences in the reaction of employers in the private sector. “In these circumstances in Ontario, it is not clear that the response from an employer would differ,” he said. “Many of the same principles would apply here.”
• Need approval from employer to take leave: The outcome for the Quebec teacher could have been different if there had been initial approval from her employer to take a leave of absence. “The union doesn’t seem to be taking the position that the teacher had permission to do it,” Pinkus said. “This is a stark difference to the teacher being promoted by the school who did receive permission.”
• Employer taking the position of “just cause” termination: Pinkus pointed out the decision for the board to keep the teacher on as a substitute to be a unique choice as it would likely not occur in the private sector. “If in Ontario the employer was taking the position of “just cause” and saying the employee is not entitled to any severance, it would be difficult to maintain that if the employee is allowed back on a casual basis.”

Related Resources

For further insights and discussions related to terminations for cause, explore the following resources:

• Terminations for cause in Ontario
• Severance pay for private school teachers