Truck driver who blacked out fights dismissal

Employer wanted proof blackout was from medical condition, not 'lifestyle choices'
|Canadian Employment Law Today|Last Updated: 10/15/2014

This instalment of You Make the Call features a truck driver with a medical condition who was terminated following what the employer deemed a preventable accident.

Derek McKirdy was a long-haul truck driver for Vedder Transport, a company that transported bulk food grade products based in Abbotsford, B.C. During McKirdy’s tenure with Vedder since he was hired in late 2007, there were several accidents causing damage which the company considered preventable. McKirdy was injured in one of the accidents to the point where he was off work for several weeks on workers’ compensation, and he received a two-day suspension following another, as well as a letter of discipline that stated any further incidents would result in additional discipline up to and including dismissal.