An employee with three years of service, avoided termination once – only to squander his second chance. After misleading his employer about holiday return dates and breaching a last chance agreement (LCA), he was ultimately fired for failing to provide a timely doctor’s note after a sick day. This decision illustrates the legitimacy of terminating an employee for failure to produce medical documentation for an unexcused absence, especially when there has been prior discipline.
The Facts
In United Food and Commercial Workers Union, 2025 ON LA 95173, the grievor was employed for approximately three years. He was granted extended time off in December 2021 to visit El Salvador, with an agreed return date of December 30. However, contrary to the date he committed to, his return flight was booked for January 3, 2022. This act of dishonesty led to the implementation of a Last Chance Agreement (LCA), which clearly stated that any unauthorized absence would result in termination. On July 17, 2023, the grievor called in sick but did not provide a doctor’s note in a timely manner. The employer viewed this as a breach of the LCA and terminated his employment.
The Decision
The arbitrator upheld the termination, finding that the grievor knowingly breached the LCA by failing to provide medical documentation following an absence, despite clear warnings that any subsequent breach would result in dismissal. Additionally, the arbitrator found that this failure constituted willful misconduct under Ontario’s Employment Standard’s Act, disqualifying the grievor from statutory severance pay.
Takeaway and Impact
This case serves as a valuable precedent for employers managing attendance. It highlights the legitimacy of terminating employment for failure to provide medical documentation, especially where an LCA is in place.
PooranLaw will continue to monitor the ongoing legal developments related to cases like these and report them here. In the meantime, if you require legal assistance, we encourage you to reach out to your regular PooranLaw lawyer, or any member of our team.
Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.
