WRONGFUL DISMISSAL - Dismissal without cause - Remedies - Reinstatement

Law360 Canada ( February 2, 2024, 6:09 PM EST) -- Application by Stonham for summary trial in his wrongful dismissal action against Recycling Worx Inc. (RWI). Stonham was employed by RWI as a Class 1 driver. In October 2019, he suffered a workplace injury after falling from a truck trying to remove a tarp. Stonham pleaded that he was wrongfully dismissed based on the Resignation Acceptance Letter provided in response to his Reinstatement Request. He claimed he was expected to be ready to return to his full-time pre-accident duties by September 15, 2020 and was pushing RWI to let him start driving again with a helper while he fully recovered but RWI refused that request. Stonham did not attend work on September 15-17, 2020, and on September 18, 2020 Stonham requested reinstatement. RWI denied that it had terminated Stonham but rather stated that Stonham resigned from his employment based on the Company Policy for not attending work for three days without calling the office and that RWI accepted his resignation. RWI alleged Stonham resigned or abandoned his employment....
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