Worker made choice to end employment

Employee said he couldn't do job employer wanted him to do because of conflicts with picking up his kids
|Canadian Employment Law Today|Last Updated: 02/05/2014

A British Columbia worker who refused to do a job with overtime hours because of his parental duties resigned his position and wasn’t dismissed, an adjudicator has ruled.

Frank Wagar was a picker operator for Pavlis Trucking, a road carrier and oilfield service company based in Dawson Creek, B.C. Wagar joined Pavlis in 2005 and was responsible for operating picker trucks at oil and gas job sites.

In the fall of 2012, Wagar’s marriage broke down and a joint custody agreement for his two children was reached in which each parent would have the children in alternating weeks. Wagar’s job required overtime on occasion and when this happened, he had difficulty. Sometimes he would start work later than usual after dropping his children at school and made Pavlis aware when he had his children he couldn’t work late. Pavlis accommodated his late arrivals by having another employee load and preprare Wagar’s truck before he arrived on mornings he had his children.