The employee kept HR informed, but that wasn't what the policy required
A forklift driver who missed three consecutive night shifts because his car broke down was dismissed for job abandonment and denied Employment Insurance benefits, the Federal Court ruled on February 23, 2026. Justice Mandy Aylen dismissed the worker's challenge, finding the employer's attendance policy was properly communicated and correctly enforced.
Rodney Sekitoreko began working for CWT Staffing Inc. as a night-shift forklift driver in June 2024. On June 18, he signed an acknowledgment confirming he had read and been trained on the company's Attendance and Punctuality policy.
That policy required employees to give one hour's notice to their direct supervisor/manager before each missed shift, along with the reason for the absence and a proposed return date. It stated explicitly that "if an employee fails to report to work and fails to notify their supervisor of the reason(s) for their absence from work for three consecutive shifts, or more, they will be considered to have abandoned their job and employment will be terminated."
Under the company's Employee Discipline policy, job abandonment was classified as a Level 3 infraction, the most serious category, and would result in either suspension or dismissal.
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