Tax analyst resists long hours, gets fired

Employee suggested it wasn’t always necessary to work overtime at the office but supervisor disagreed
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 10/04/2011

An Ontario employee who resisted the accepted standard of long hours during the busy year-end accounting season was asserting her rights under employment standards rather than trying to get out of work, the Ontario Labour Relations Board has ruled.

Marie Shi began working as a senior tax analyst for Holcim Canada, a cement aggregate manufacturer based in Mississauga, Ont., in November 2008. Upon her hiring, she was subject to a six-month probationary period during which Holcim could terminate her employment without notice or cause.

Shi’s employment began during the busy year-end period for the company’s finance and accounting department, as much of the year’s tax planning and calculating took place. During this period, employees were expected to work long hours, often late at night and on weekends, until the work was finished in mid-January.