Long-time worker reinstated after dismissal for theft

Length of service and remorse factors saving employment relationship
|Canadian Employment Law Today|Last Updated: 07/06/2016

An Ontario worker has been reinstated after being dismissed for stealing equipment he thought was going to be thrown out anyway.

Harry Dejong, 65, was an industrial millwright for Lanxess, a synthetic rubber producer. The facility where Dejong worked was in Sarnia, Ont., and made butyl rubber for the tire industry and pharmaceutical products. He was hired in 1969 and had a clean disciplinary record other than receiving censure for working too many hours once. Over his many years with the company, Lanxess considered him a reliable and good worker.

The Lanxess facility was fenced in and had a main gate staffed by security personnel 24 hours per day and a smaller gate to a compound which was staffed only Mondays to Fridays from 7:30 a.m. to 4 p.m. The smaller gate was monitored by the main gate staff via camera the rest of the time.