Last chance agreement vs. duty to accommodate

Worker with addiction and anxiety issues was on second last chance agreement
|Canadian Employment Law Today|Last Updated: 08/20/2014

This edition of You Make the Call features a worker who was terminated for violating a last chance agreement.

Martin Friesen was a machine operator with New Flyer Industries, a bus manufacturing company in Winnipeg. He was hired in January 1996.

Over the years, Friesen had attendance issues at work, leading to several instances of discipline and the accumulation of demerit points under New Flyer’s disciplinary system. On Aug. 1, 2012, he was assessed demerit points for failing to call into work to report an absence twice in a three-month period. The points put him over the limit established for termination of employment.