Case 4: Is it safe?

Wayne was hired as a truck driver for steel transportation company in August 2018. In early November of 2018, he brought his truck in for service and, on the way home, he noticed that his replacement truck was faulty. The steering wheel was loose, the mirrors had cracks in them, there was no engine brake light and fuel were leaking from the caps of both fuel tanks. The next morning Wayne called the dispatcher to say he would not drive the replacement truck to haul steel because it was unsafe. The dispatcher asked him to haul one final load back to Calgary, which he refused to do, and his supervisor then called and, after a heated discussion, told him he was fired.

Wayne filed a complaint, saying this was reprisal for exercising his right to refuse unsafe work. The employer countered that Wayne was still a probationary employee (and therefore could be terminated for any reason) and, in addition, he was fired for cause. The employer claimed that Wayne swore at the dispatcher when he called in about the replacement truck (which Wayne denied) and that Wayne had failed to return another driver's CB radio in a truck he had started using.

You have been asked by your boss to make memo for the Human Resource Department on potential liability of the Company. Consider what arguments Wayne can advance? Do you think Wayne will be successful? Support your answer.