Termination warranted for insubordinate worker

The grievor had been on short-term disability and was scheduled to return to work. Supervisors were unable to contact him by phone and he did not pick up registered letters sent to him. He was fired for insubordination.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 06/25/2012

A worker was fired after he failed to return to work following a period of short-term disability and then ignored his employer’s requests for information about his condition.

A.A. worked as a Service Agent at an airport-based car rental company. Hired in 1997, A.A. worked in the garage inspecting, cleaning and otherwise preparing the vehicles for rental. There was no discipline on his record when he was fired on Oct. 29, 2010.

A.A. reported feeling ill on Aug. 7, 2010. On Aug. 11, he provided the employer with a note from his doctor stating he wanted three weeks off. On Aug. 20, the doctor supplied a note to the employer’s third-party insurance provider. The note stated A.A. was suffering from pancreatitis and was unable to work. Based on that note, the insurer granted A.A. short-term disability (S.T.D.) benefits until Sept. 1.