Bradley Ennis Case Summary
The case follows the work history of Bradley Ennis, from his recruitment to his termination. We are given the details of his employment, work performance and what led to his termination. Mr. Ennis was a nurse in the trauma unit of All Saints Hospital. When he was hired he met the minimum required standards for continued employment, included the Trauma Specialist certification, which he maintained throughout his time of employment. Due to the sudden death of his 5 year old daughter at the same hospital he worked at, his performance dropped greatly and he engaged in unacceptable behavior. After a series of events he was terminated, after which he began to take steps to get his life back on track. He has now been approved to be suitable to return
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Ennis after three warnings, one verbal and two written warnings according to the reasonable man principle must have been clearly aware that the employer did not authorize or condone this misconduct and that his actions were compromising the relationship and more severe disciplinary measures were going to be administered . The employee was capable of performing what was required of him i.e. being present for work and getting the help he needed to deal with his bereavement and addiction given the availability of the EAP. His three day unsanctioned leave of absence constitutes willful disobedience on his part, so culpable behavior can be established. As a trauma specialist, Mr. Ennis plays a very important role in the employer’s operations given the high volume of human traffic that is normal for emergency rooms, therefore Ennis’s absenteeism could have jeopardized the hospital’s ability to serve people facing emergency situations which in some cases are life and death situations. In the case of Flemming Vs J.F Goode & Sons Stationer & office supplies ltd, the court held that two instances of absenteeism are required to warrant just cause, particularly were the employee is of long service and has acted faithfully in other aspects ("CanLII - Chapter 7. Dismissal for Cause" ).. The three warnings show plus the three day absence are more than the two instances prescribed, therefore it can be argued that termination was
Ennis after three warnings, one verbal and two written warnings according to the reasonable man principle must have been clearly aware that the employer did not authorize or condone this misconduct and that his actions were compromising the relationship and more severe disciplinary measures were going to be administered . The employee was capable of performing what was required of him i.e. being present for work and getting the help he needed to deal with his bereavement and addiction given the availability of the EAP. His three day unsanctioned leave of absence constitutes willful disobedience on his part, so culpable behavior can be established. As a trauma specialist, Mr. Ennis plays a very important role in the employer’s operations given the high volume of human traffic that is normal for emergency rooms, therefore Ennis’s absenteeism could have jeopardized the hospital’s ability to serve people facing emergency situations which in some cases are life and death situations. In the case of Flemming Vs J.F Goode & Sons Stationer & office supplies ltd, the court held that two instances of absenteeism are required to warrant just cause, particularly were the employee is of long service and has acted faithfully in other aspects ("CanLII - Chapter 7. Dismissal for Cause" ).. The three warnings show plus the three day absence are more than the two instances prescribed, therefore it can be argued that termination was