DWI doesn’t make the grade with employer

Road worker who lost licence for 12 months denied request for leave and fired by township council
|Canadian Employment Law Today

This instalment of You Make the Call looks at a municipal road worker who was fired after his driver’s licence was suspended.

Mike Gillett was a grader operator for the township of Black River-Matheson, Ont. He was employed with the township for 15 years without any disciplinary issues. On Jan. 22, 2006, Gillett was charged with driving a snowmobile while intoxicated and his licence was suspended for 90 days.

Since his job required having a valid driver’s licence, Gillett’s union requested the township temporarily assign him odd jobs that didn’t require one. However, the township said there weren’t any positions available that didn’t need a licence. It agreed to suspend him and hold his job open for 90 days and if his licence wasn’t reinstated, he would be terminated.