Employer puts the brakes on driver’s work

Company wanted to know reason for driver's ban from town in delivery area after legal trouble
|Canadian Employment Law Today

This instalment of You Make the Call looks at a delivery driver who contested a suspension he received after his company learned of pending charges against him. Lafarge Canada Inc. is a supplier of construction materials to customers across Canada. Justin Forbes worked as a driver delivering materials from Lafarge’s plant in Barrie, Ont.

On June 13, 2005, Forbes requested a medical leave of absence for about a week and produced a doctor’s note. He said he had been banned from going to Thornton, Ont., which was in the delivery area, as well as the Toronto area, but didn’t explain why. On June 22, he returned to work and told Lafarge he was no longer barred from going to Thornton.

On July 7, Forbes was in Thornton to make a delivery when he was pulled over by the Ontario Provincial Police (OPP), who were acting on an outdated bail recognizance which had originally restricted him from being in Thornton. When Forbes showed he was now allowed in the town, the OPP released him without charges. However, another Lafarge employee witnessed the incident and reported it to the plant manager.