Woman fired for texting at work not just cause for termination

Texting at work no reason to be fired: B.C. Tribunal

A Lumby dental assistant was fired for texting during a staff meeting

A North Okanagan woman who was fired after texting on her cell phone during a staff meeting was let go without just cause according to the Employment Standards Tribunal.

Mieka Mandalari was awarded compensation in the amount of $5,163 after the director of the Tribunal found that Mandalari’s termination was a disproportionate response to the actions and attitude attributed to her during a June 20, 2018 staff meeting, particularly in light of her length of seven years of service and the lack of corrective discipline.

Mandalari worked as a dental assistant for Dr. Paula Winsor-Lee in Monashee Dental Centre in Lumby from Dec. 16, 2011 to July 3, 2018 when she was fired after her texting during a staff meeting was found to be ‘inexcusable’.

READ MORE: B.C. bus driver loses case to get job back after texting while driving full bus

The dental assistant was handed a letter in Nov. 2014 that claimed she was not a team worker and lacked respect to Dr. Paula Winsor-Lee and the other employees.

Following Mandalari’s termination, she filed a complaint alleging Winsor-Lee had contravened the Employee Standard Act and claimed she was owed regular wages, annual vacation pay, statutory holiday pay, and compensation for length of service.

Jennifer Redekop, delegate of the Director of Employment Standards, found that there was a potential issue concerning overtime and annual vacation pay.

However, during the hearing, Windsor-Lee supported her cause with a number of concerns both she and other employees had in regards to Mandalari’s actions, conduct and interactions with others.

Yet Redekop found Winsor-Lee failed to show there was just cause to terminate Mandalari and awarded her compensation for length of service in the amount set out in the determination.

READ MORE: ‘Human error’ caused mistakes in 32,000 B.C. Grade 12’s transcripts: education minister

Plus, Winsor-Lee was fined an additional $2,000 for contravening the Employment Standards Act.

Winsor-Lee attempted to fight back and appeal the case claiming Redekop erred in law in finding it had not established there was just cause for terminating the employment of Mandalari.

Winsor-Lee acknowledged the circumstances of Mandalari’s termination involved a cumulation of “minor misconduct or performance issues,” and said Redekop erred in law by finding Mandalari’s termination was a disproportionate response to the actions and attitude attributed to her during the June 2018, staff meeting.

The appeal was dismissed as there was no evidence to support Redekop erred in law with respect to the facts of the case.


@Jen_zee
jen.zielinski@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

B.C. sockeye returns drop as official calls 2019 ‘extremely challenging’

Federal government says officials are seeing the same thing off Alaska and Washington state

RCMP Charity Golf Tournament raises over $13,000

RCMP members joined WLGTC players and local businesses for a fun-filled day on the links

Oregon couple’s stolen truck located at Deep Creek, boat still missing

Jim and Kathy Jantz are thankful for the help they have received so far in Williams Lake

Portion of every A&W teen burger sale for MS Society of Canada Aug. 22

There will also be an instore bake sale at the Williams Lake store

New police force in Surrey must avoid VPD, RCMP errors made in Pickton case: Oppal

Boots are scheduled to be on the ground by spring 2021

B.C. music teacher accused of sexual misconduct involving girls

Police believe other victims could be out there after the arrest of Lamar Victor Alviar

B.C. family stranded in Croatia desperate to come home

Funds being raised to bring back mom and two children

UPDATE: B.C. man on trial for daughters’ murders says he was ‘tackled’ and ‘stabbed’ in apartment

Andrew Berry takes stand in his defense for December 2017 deaths of young daughters

‘Plenty of time for a deal’: Teachers’ union expects kids back in school on Sept. 3

BCTF says class size, composition at the heart of the issue

Province funds new shuttle buses for 13 B.C. senior centres

Activity, socializing helps maintain health, Adrian Dix says

Thermal imaging cameras eye Salish Sea in hopes of better detecting whales

Cameras installed at BC Ferries’ terminal on Galiano Island, and off southern Gulf Islands

Province approves Surrey municipal police force

Minister of Public Safety Mike Farnworth green-lights mayor’s campaign promise

Police watchdog investigating two officers after Langley teen’s suspected overdose

According to IIO, two officers were deployed to help Carson Crimeni but did not locate him before he died

Most Read