'Some employers don't want to follow up because they're happy to let sleeping dogs lie'

Jan 22, 2025

A worker abandoned her position when she declined to meet with her employer following a misunderstanding over whether she had quit, the Nova Scotia Labour Board has ruled in overturning an order to award the worker statutory termination pay.

The worker was a dental assistant at Windsor Dental Centre (WDC) in Windsor, NS, since 1989. Her job duties involved cleaning and sterilizing instruments, preparing the examination room for patients, and assisting the owner and other dentists with their work.

In 2016, WDC was purchased by a new owner who was also dentist and continued to operate it as before.

In January 2023, the provincial dental board issued new guidelines for sterilization, which required WDC to change some of their existing practices. The owner asked employees to read about the changes and held a staff meeting to discuss them.

However, the worker wasn’t following the guidelines relating to changing of scrubs and she told the owner she needed more time. She grew stressed and, on Jan. 25, she went on a medical leave of absence. She provided a doctor’s note stating that she wouldn’t be able to work from Jan. 27 to Feb. 28 due to illness. The worker’s husband emailed the owner on Jan. 27, asking for the worker’s record of employment (ROE), and the owner replied that the worker should write to her directly.

Owner believed worker was quitting

The worker spoke to WDC’s...

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