A mechanic who never came back left his employer with a bill it didn't see coming
A mechanic who kept telling his boss he didn't want to be a mechanic stopped showing up after the holiday break and never came back. His employer was sure he had quit. Ontario's labour board saw it differently, and the shop is on the hook.
In a June 2, 2026, decision, Ontario Labour Relations Board Vice-Chair Maheen Merchant ruled that Dustin Hawley did not quit his job at Mike's Mobile Mechanics Inc., and that the shop had instead terminated him. The finding, in Mike's Mobile Mechanics Inc. v Dustin Hawley, leaves the employer responsible for $3,261.06 in termination pay it had been ordered to hand over more than a year earlier.
A holiday shutdown and a no-show
Hawley had worked on and off as a mechanic at the shop for several years, with his most recent stretch beginning in May 2020. His last day on the floor was December 22, 2023, just before the business closed for its annual Christmas and New Year shutdown. When the shop reopened on January 2, 2024, Hawley did not show up. He never returned.
The employer treated the absence as a resignation. In its view, staff were expected back the day the shop reopened, and Hawley's failure to appear amounted to a voluntary quit. It directed its bookkeeper to prepare a record of employment in mid-January, and the document was filed in early February.
Hawley told the board a different story. He said he and one of the owners had agreed before the break...
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