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Wednesday, May 19, 2010
Application boom at Montreal English CÉGEPs The increase in applications to Montreal Island English CÉGEPs this fall is double the hike at French CÉGEPs, according to figures from the Service RÊgional d’Admission du MontrÊal mÊtropolitain. METRO NEWS SERVICES
Workology +?>C=;F -@@C=? 2L;CH??M ,??>?> Doctors and Hospitals need Medical OfďŹ ce & Medical Administration staff! No Experience? Need Training? Local Career Training and Job Placement is also available! !;FF @IL >?N;CFM
EDITOR: DOUGLAS.DUNLOP@METRONEWS.CA
Profanity not enough for dismissal
C
anadian employers often assume that any misconduct is ample cause to fire their employees. They are generally mistaken. This is the
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story of one employer who learned this lesson the hard way. Having worked for the same ownership at Reginabased Image 1 Hair Team for 22 years, hair stylist Lenna Bohay was shocked to learn that the Salon’s owners had sold the Salon to another stylist, Kelly Brown. Bohay and Brown were no longer friends, and the sale meant that she would lose a number of health benefits. Upset at the sale and distraught about her personal life, Bohay was overheard griping about the sale and Brown’s ability to run the Salon. When Brown learned that Bohay was not taking the news well, she confronted her. The two met after work and Bohay denied mocking the sale, explaining that she was
having family problems. In her explanation, Bohay used the “F-word� a number of times. According to Brown, Bohay told her to “f--k off.� Believing that Bohay’s profanity and attitude provided ample cause to dismiss her without warning, Brown immediately fired her. Bohay struck back with a wrongful dismissal lawsuit. Bohay’s lawyer argued that Bohay’s comments did not justify her dismissal since her outburst was isolated and she had not been previously warned. The judge agreed. The Salon had an obligation to consider Bohay’s situation, including her otherwise stellar employment record, her personal problems and testimony that her outburst was out of character. Further, for pro-
WorkplaceLaw Daniel Lublin Metronews.ca/workplacelaw
fanity to justify her dismissal, the court stated that Bohay had to be first warned. Instead, the Salon had acted too quickly in pulling the trigger on Bohay’s termination and with it, had to pay damages to an ex-employee. Failing to provide a warning before dismissing a long-term employee can carry an expensive price tag for Canadian employers. Daniel A. Lublin is an employment lawyer with Whitten & Lublin LLP. Reach him at dan@toronto-employmentlawyer.com.