09.07.2015 Views

View cases - Stewart McKelvey

View cases - Stewart McKelvey

View cases - Stewart McKelvey

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

and based on the last paragraph of the letter, he became concerned about his employment.I have reached this conclusion from comments in his July 8 th memo:First I would like to thank you for giving me the opportunity to work foryour organization, it has an impeccable reputation in the community. Iconsider it an honour to work for you……If it were possible, I would not submit this at this time, as I am aware thatit may not encourage a favourable impression considering my recentemployment within your organization. Having said that, my values,beliefs and conscience would not allow me to postpone or reconsider.Clearly he valued his employment with Myert and upon receipt of the July 9 th letter,feared his employment might be at risk. I find that explains why he approached therequest for the second day off, August 9, 2002, in the manner he did.[36] Mr. Derksen and Imbenzi met on August 7, 2002 for Mr. Derksen’s secondperformance review. Imbenzi and his family had been on vacation and returned early theweek before because of concerns about the Program. Enrolment numbers continued to below and staff had contacted Imbenzi, while on vacation, about their concerns. The threeweek program was to have commenced Tuesday, August 6, 2002, however, there werenot enough clients signed up for it. Imbenzi testified that he made it clear to Mr. Derksenin the August 7 th meeting that the targets had to be met and that it was his responsibility.Mr. Derksen, however, said that he did not understand from that meeting that hisemployment was in jeopardy. As set out above, I accept that Mr. Derksen did not knowhis performance was lacking to the extent his employment was at risk.[37] During the August 7 th meeting, Mr. Derksen asked permission to have Ms.Jenkinson do some teaching. Mr. Derksen says he also asked Imbenzi for the day off onFriday, August 9 th and Imbenzi approved it. Imbenzi testified however, that when theywere discussing an upcoming training session to be held that day, all Mr. Derksenadvised him of was that he had other commitments on the Friday. Imbenzi said thatbased on that statement and the fact that Ms. Sangha was not going to be there as she wasill; he agreed to move the training session. Imbenzi asked Mr. Derksen to put his request10

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!