Question
Barry was a 57-year-old truck driver who was dismissed after nearly ten years of service with XMD Trucking, a transportation company that carries goods across
Barry was a 57-year-old truck driver who was dismissed after nearly ten years of service with XMD Trucking, a transportation company that carries goods across Canada and into the United States. Three years prior to his dismissal, he began experiencing difficulty with his back, which necessitated frequent rest breaks and a special seat that provided appropriate support. He was also unavailable to drive more often than when he was first hired. When Barry's back problem began to interfere with his schedule, XMD assigned him to an older truck and placed his seat in that truck. Barry was told he could "work on Barry time" and that this would be acceptable because the truck was paid off and every trip generated revenue. Seven months later, XMD terminated Barry's employment. Barry was given pay in lieu of notice and severance as required by the CLC, plus one extra week's salary. Barry filed a complaint alleging unjust dismissal. At the hearing, XMD argued that it was not required to have just cause, and as long as it paid him notice and severance that met the standards in the CLC, it was entitled to dismiss him. Was Barry unjustly dismissed?
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