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News Flash: Timbit Theft Case Has Happy Ending

Blaming an “overreaction” by the Store Manager, Tim Horton’s has rehired the woman who had the nerve to give a 16 cent timbit donut to an infant child.  I’m sure the media played no small measure in the resolution of this particular case.   Unfortunately, most people dismissed by “overreacting” or just plain dumb or mean managers won’t have the media to help them.  

Think about what legal avenues would have been available to this woman had Tim Horton’s head office not intervened.  She could have filed an employment standards claim to try and obtain a few weeks’ worth of “notice” pay.  She could also, in theory, sue in court for wrongful dismissal, but that would not likely net her much more than would the employment standards complaint, especially after deducting the costs of bringing that action.  But note that, in either case, she would not get her job back.   Non-union employers in Ontario can fire someone for no reason at all, provided they give the employee  notice of their dismissal, and even if proper notice is not given, neither a court nor the Ontario Labour Relations Board will order the employer to reinstate the employee.  Do you think that the law should require employers to have a “good” or “just” reason to dismiss someone?

Note also that Timmies “re-hired” the employee at another store.  Do you think her service will be treated as continuous if she is  dismissed again?  Does she get credit for her 3 years service before the timbit incident when it comes time to assess her years of service later?  Hmmm

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