Manitoba Labour Board Rules in Favor of Employee in Notice of Termination Dispute

The Manitoba Labour Board has issued a decision in favor of an employee who was terminated by 79429 Manitoba Ltd. T/A Pyrene Fire Security Manitoba, citing just cause. The employee had been working as a fire suppressant technician for the employer since 2011, but was let go on March 31, 2023, after an incident on March 17, 2023. The board ruled that the employer did not have just cause to terminate the employee, and the employee is entitled to notice in lieu of termination.

Key Takeaways:

• The employee was terminated by 79429 Manitoba Ltd. T/A Pyrene Fire Security Manitoba on March 31, 2023, after an incident on March 17, 2023.
• The employer claimed that the employee's actions on March 17, 2023, constituted a significant breach of the Fire Code, warranting immediate termination.
• The employee argued that he had performed the work in accordance with the requirements of the Fire Code.
• The Manitoba Labour Board ruled that the employer did not have just cause to terminate the employee.
• The employee is entitled to notice in lieu of termination, but the quantum of termination pay could not be determined at the hearing.

Statistics:

• The employee had been working for the employer since 2011.
• The employer issued the employee with multiple disciplinary notices for issues such as tardiness and failing to conduct inspections.
• The employee was terminated on March 31, 2023, almost two weeks after the alleged incident.
• The Manitoba Labour Board will provide further direction on the issue of remedy.

Sources:

• Manitoba Labour Board, Decision #2024-12-02, IN THE MATTER OF: THE EMPLOYMENT STANDARDS CODE BETWEEN: S.H., Employee, - and - 79429 MANITOBA LTD. T/A PYRENE FIRE SECURITY MANITOBA, Employer.