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FAQ's Cases - Stewart McKelvey

FAQ's Cases - Stewart McKelvey

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operation. He was asked by Mr. Beaudry to obtain a quote to “glass-in” the building. Hehad no indication at the time that he might be terminated in the near future.[5] The applicant stated that he had been a good, reliable worker at all times. In aconversation with Sarah Fitchett, general manager of TTC, he was informed that TTCmight expand its operation in the region.[6] The applicant was told by his Workplace Safety and Insurance Board (hereinafter“WSIB”) case worker that he was laid off by his employer two weeks after his injury wassustained. He stated that the company at no time informed him of his lay-off and thatthere was no advance warning that he would not have a job at TTC. He had sustained aconcussion and was off work after February 3, 2010. The applicant attended at a walkinclinic for treatment of his injury. He never worked for TTC again after his injury.2012 HRTO 1489 (CanLII)[7] The applicant earned $26.00 per hour, or $700 per week (gross) at TTC at thetime of his lay-off. He also had use of a company vehicle. He worked 45-50 hours perweek. The applicant has an AZ licence. There were no restrictions on his licence at thetime, nor are there any at the current time.[8] The applicant was on WSIB benefits from February 3, 2010 to September 17,2011. He received 80% of his regular wages during that time. He became employed byTaranis, a heavy equipment and truck operator training company, as a recruiter inSeptember, 2011, earning $65,000.00 per year as well as having the use of a companyvehicle. The applicant eventually made a complaint to the Ministry of Labour under theEmployment Standards Act, 2000. He was awarded $10,000.00 plus an additional eightweeks of pay in lieu of notice.[9] John Donald Harris testified on behalf of the applicant. He was employed by TTCas a heavy equipment trainer. He ceased working for TTC in September, 2011 and nowworks for Taranis. He was never asked to evaluate the applicant during his time withTTC as a possible heavy equipment trainer.

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