Worker dismissed for not being upfront about overseas trip while on layoff

Worker knew he'd be away for months but was recalled to work three weeks later
|Canadian Employment Law Today|Last Updated: 07/06/2016

An arbitrator has upheld the dismissal of an Ontario worker who left the country following a temporary layoff without telling his employer before he was recalled.

The worker was hired by Dufferin Concrete, a construction company specializing in paving based in Oakville, Ont., in September 2011 as a ready mix driver. His disciplinary record included a three-day suspension in November 2014 for operating a hand-held device while driving his company truck and engaging in an abusive and offensive exchange with a co-worker.

On Jan. 5, 2015, the worker was laid off due to a seasonal shortage of work. Such layoffs were common each January.