‘With an LCA, the worker is boxed in, and that's the whole idea,’ says lawyer
May 21, 2025
Share
Three instances of misconduct on the same shift were sufficient to terminate the employment of a worker on a last-chance agreement, an arbitrator has ruled.
Communication with employees with a disciplinary history and drawing up a last-chance agreement (LCA) can make things easier for employers if it comes time to make a decision on termination, according to Sharaf Sultan, principal of Sultan Lawyers in Toronto.
“Communication with employees and an effort on the part of an employer to make the relationship work - an LCA is a formal way to do that – will show an arbitrator or a court that the employer is serious about maintaining the relationship,” says Sultan. “Then, more often than not, the onus will informally be on the employee to demonstrate that they also have been making real efforts - and that's often where employees who just aren’t good fits fail.”
Maple Leaf Consumer Foods is a food company based in Mississauga, Ont. It hired the worker as a millwright in the maintenance department at its Mississauga plant around 2001.
In early 2019, Maple Leaf terminated the worker’s employment for time theft stemming from his being away from his work area for excessive periods of time. However, the union reached an agreement with the company that reinstated the worker with a five-day suspension on his record. However, he was subject to an LCA that would be in effect for 12 months.
DENVER | One of the nation’s most prominent election conspiracy theorists, MyPillow founder Mike Lindell, stuck by his false claims that the 2020 presidential election was stolen while testifying ...