Clerk didn’t take it; did she leave it?

Clerk storms out when employer tells her to cover earlier shift or nothing
|Canadian Employment Law Today

This instalment of You Make the Call looks at a case where an employee refused her manager’s request to fill in for an absent co-worker on a different shift and the resulting confusion over her status.

Dionne Malabre was employed as a biller and data entry clerk with Watkins Canada Express Inc. During her five years with the company, she had occasionally filled in for other employees who were on leave and was considered a good employee. In September 2005, Malabre had been temporarily reassigned from her regular 9 a.m. to 5 p.m. shift to an afternoon shift where she was training a new employee.

On Sept. 16, 2005, Malabre’s managers met with her to ask her to fill in for another employee on bereavement leave. Another employee had been filling in but had to move back to his original shift to accommodate medical appointments. The new position would require Malabre to move to a shift which began at 7:30 a.m.