Employer’s just-cause argument can’t cover up anti-union animus

Employer had concerns with worker’s performance but didn’t raise any major issues before dismissing him shortly after learning of union organizing
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 03/14/2018

A British Columbia worker’s dismissal for poor performance has been overturned by the B.C. Labour Relations Board after it found the worker’s union organizing efforts played a partial role in the termination decision.

Gary Mechar was a professional cook who responded to an online advertisement for a full-time line cook placed by the Fox’n Hounds pub in Kamloops, B.C. Mechar had held two previous jobs in the restaurant industry and his resume stated he had experience as a line cook and other positions where he had hired, trained, and fired staff, managed food costing controls and inventory, oversaw catering and special orders, and performed all accounting functions.

The Fox’n Hounds management team liked Mechar’s experience and, following an interview, hired him starting July 9, 2017. However, it wasn’t too long before they began to wonder if Mechar truly had the experience that he claimed.