Question about getting fired....

[5000Audi]

well its not about me but my brother

my brother started with a company called Tamak manufacturing or Tamak frozen fruit.. but he started work on Monday, He finished that day of work. Then went in for tuesday. After 6 hours he slipped on ice in the freezer and fell onto his ass.. it brused and he was in alot of pain. He called them once he got home saying he will visit the doctors the next day..as it was after the hours of them being open.. So the next day comes around he calls them and says im not going to go to the doctors ill just tuff it out.
They reply back saying sorry were going to have to let you go.. i guess they said he didnt fit in.. but we all know its because he hurt himself. So what is the best route to go abouts this? anything he can do? or is he SOL since it was within the first 3 months?

[DayGlow]

If it happenned at work he should file the WCB paperwork. WCB then probably would have something to say if the company tried to get rid of him.

[CUG]

That is definitely something to make a LOT of noise about. Talk to WCB and get it sorted

[Mibz]

WCB will probably tell him to stuff himself since he didn't see a doctor right away. My buddy had something similar happen and they denied his claim because it was 11pm and he didn't see a doctor until the next morning. Told him that there are 24H clinics available and he should have used one if the injury required it.

It's his responsibility to report the injury and follow the proper procedure. He didn't do that. It's a shitty situation but I wouldn't waste my time with the WCB when I could be out looking for a new job instead.

[DayGlow]

It depends. It's his responsability to report it to his employer, if they didn't start the proper WCB work, then there is a major issue with the employer.

He may not get anything out of it, but that employer needs to be called to task for it's practices.

[lint]

When I was doing stucco for a summer job, I asked about WCB if I fell off the scaffolding, and they to joke that I'd be fired before I hit the ground. They also told me about a guy who took a circular saw to his leg to claim WCB and to take a holiday. WCB shit goes both ways.

If you go through WCB, you're going to have to prove that negligence by the company was the cause of the accident. Since your brother never filed a complaint or anything with the company, there is no record that the incident occurred. AND he didn't go to a doctor.

[hrdkore]

Your brother is screwed.. if you're working and hurt yourself on the job site, you must file a report with the supervisor then go to doctors thus WCB can take effect so you can get paid, but since ur bro went home without seeing a doctor and there's no mention of him hurting himself at work the complain can plead ignorant and say he hurt himself else where. since no formal procedure was followed. The doctor is usually specified by the company.

[spikerS]

i dont think it matters when he sees the doctor. the injury happened at the workplace, and he shoudl tell the doctor that. if the company does not file the paperwork, WCB can give them grief.

when i was 18, i had a stack of lumber screw up my knee, and i thought i could tuff it out. day 2 rolls along and my knee is the size of a soccer ball, and I had no issues with filing a claim. I even went back to work early, only to get a pink slip....

[spikerS]

What to do if you are hurt at work
1. Tell Your Employer
Tell your employer the details of your injury. After receiving notice, your employer must report your injury to WCB-Alberta within 72 hours if:

you need medical treatment beyond first aid
you cannot do your job beyond the day of accident
2. Tell Your Health Care Provider
Tell your health care provider you were injured at work. Your doctor or chiropractor must report your injury to WCB-Alberta within 48 hours.

3. Tell WCB
Tell WCB-Alberta and send your Report of Injury form right away. You can get forms from your employer or our forms page, any WCB-Alberta office or report online.

taken from WCB's website

[Shogged]

so wait he didn't go to the doctor? you need to knock some sense into him. now he has nothing to fall back on with the wcb.

short term consequences... he has nothing to prove he was even hurt at work in the first place.

long term... he develops some kind of long term injury and can't fall back on his then employer for any future lost wages etc.

as for a wrongful dismissal suit, i'm pretty sure your employer has the right to let you go if you refuse to go to the doctor after an injury, they have to cover their asses too. Not to mention if it was his first couple days and you have no record of the injury, the employer is just going to claim exactly what he told you. 3 month probation period at most places is pretty standard.

[speedog]

From the Alberta Employment Standards & Labour Code (see this link)...

Employer Initiates Termination

The length of notice an employer is required to give depends on the duration of employment and must be in writing. The minimum notice requirements that employers must give are:

* one week - for employment of more than three months, but less than two years
* two weeks - for employment of two years, but less than four years,
* four weeks - for employment of four years, but less than six years,
* five weeks - for employment of six years, but less than eight years,
* six weeks - for employment of eight years, but less than 10 years, and
* eight weeks - for employment of 10 years or more.

An employer may choose to give pay for the required notice period instead of providing notice. A combination of written notice and pay in lieu of notice (termination pay) is also acceptable.

The employer must pay all wages, overtime, general holiday pay and vacation pay due the employee within three days following termination of employment.

So no notice was required to terminate his employment as he was under 3 months employed there.

[5000Audi]

ok, lets get one thing through here.. its not WCB that im asking about.. i was asking more along the lines of the wrongfull dissmissle..like if theres anything he could go back to the company about and try to get extra wage or somthing...

[lint]

extra wage for what? falling on his ass? probation = dismissed for any reason

[speedog]

If there's no union in that workplace, then your brother's probably hooped. Because he's got less than 3 months in, no notice is required in Alberta if it's a provincially regulated company. And as he only worked there for one day, then all they'll owe him is that day's wages and the associated holiday pay.

As for wrongful dismissal, will be a hard one to prove - company's word against his and in Alberta the courts are likely to side with the company. It's kind of an anti-labour environment here in Alberta and it's not too often that the individual wins something against a company - just the way the ball bounces here in Alberta.

BTW, I spent 25+ years working for a Canadian corporation both in management and in union positions and was also involved in the union when in union positions; now I own my own company and as such I am quite aware of labour standards both federally and provincially. Can't hurt to talk to a labour lawyer though although the money your brother will spend on that lawyer to fight his case will most likely far outweigh what he thinks he might be able to recover from this company.

Sux for sure.

[dexlargo]

The issue with wrongful dismissal is even if you show that the termination was wrongful, what can you get?

Anyone can be terminated at any time, without reason (barring union involvement), usually the only issue is whether that person is entitled to notice.

How much notice is your brother entitled to? The Employment Standards Code sets out the minimums - your brother's contract could provide for better, but usually they don't. So, if there's no entitlement to notice, then there's normally no damages to be awarded.

This is all outside of Worker's Compensation, which may give other remedies that I'm not familiar with.

[HHURICANE1]

<3 months there is no wrongful dismissal. You can be dismissed for ANY or no reason. Especially with only one day. Time to move along.