Employee shouldn’t have been fired for letting terminated supervisor use computer: Court

Supervisor had been fired two days earlier and wanted to cancel electronic fax account
|Canadian Employment Law Today

An Alberta company didn’t have just cause to fire an employee who allowed a fired co-worker use her computer after hours, the Alberta Court of Queen’s Bench has ruled.

Lioubov Perewernycky, 41, was hired in 1994 as a temporary employee by National-Oilwell Canada Ltd., a manufacturer and distributor of oil field service and supplies based in Edmonton. She was hired as a permanent employee in 1995 and in 1997 was promoted from a clerk to the sales group.

In January 2005, Perewernycky was pregnant and experiencing back pain. She was also feeling stressed since the supervisor of the sales group had been fired and another member was on vacation, resulting in a larger workload. Things became bad enough that Perewernycky went on short-term disability leave beginning March 18, 2005, scheduled to last until her maternity leave began in June.