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Monday, October 12, 2026

With human rights, motivation is all | TheSpec.com - Hamilton Spectator

The question is always what motivated the employer to take the action that was harmful to the employee, writes Ed Canning

It is important for employers to deal with and think about innocent absenteeism and culpable absenteeism differently and distinctly.

Innocent absenteeism includes absences from work justified by medical documentation. Culpable absenteeism can include an absence that was actually for a medical reason but no documentation was provided even though it was requested, or a “no-show.” A “no-show” is a situation in which an employee simply doesn’t show up and doesn’t call in sick or with any explanation at all.

Barney was a bus driver who suffered from irritable bowel syndrome (IBS). It was well-documented and medically validated. When he was having a flare-up, it was impossible for him to work as a bus driver. The employer accepted that and on some occasions was able to assign him alternative duties that he could perform where he could be close to a bathroom.

Barney’s absences, however, did not just relate to his IBS. Sometimes he would just not show up and not call in. Eventually, the employer required Barney to sign a last chance agreement. This is a document the employee signs that lays down the law. In Barney’s case, it let him know that if he failed to show up without calling in again he would be terminated without notice.

Barney was in a union, and all of this was agreed to by all parties. It should be noted that in nine years of employment, Barney was...



Read Full Story: https://www.thespec.com/business/advice/2022/05/28/employment-law-human-right...