Termination Warranted for Workers AWOL for Vacation

|Canadian Labour Reporter|Last Updated: 02/01/2011

To facilitate their March break vacations to Belize, two brothers employed by the same company misrepresented their circumstances. One fraudulently obtained a medical leave, while the other simply gambled that his absence would go unnoticed. The ruse was discovered and the brothers were fired.

Drivers for the same redi-mix cement company, A.C. had been employed for four seasons, while his brother E.C. had one year less seniority.

Calculating that his lack of seniority and the scarcity of work through the winter months would make booking a March vacation a simple matter, E.C. booked a time-share on a boat in Belize for a week in March. However, anticipating there would be demand for those vacation slots from workers with more seniority, the employer rejected E.C.’s request.