Nhi Huynh discussed Toronto Transit Commission v. Canadian Union of Public Employees, Local 5089, a decision in which an arbitrator upheld the employer’s decision to dismiss an employee for just cause after the employee undertook a second job—without accommodation or approval—while receiving short-term disability benefits. The decision underscores the critical role of trust in the employment relationship and the value of clear, consistently applied workplace policies.
See an excerpt below:
TTC worker fired after working second job while receiving disability benefits
‘The employee needs to meet their contractual and legal obligations, just as employers are expected to do’
An employer had just cause to dismiss a worker who was caught working another job while receiving short-term disability benefits, an Ontario arbitrator has ruled.
The worker was a fare inspector for the Toronto Transit Commission (TTC), starting in May 2019. She had no discipline on her record.
The TTC’s conditions of employment prohibited employees from moonlighting at another job during their normal working hours. Secondary employment was allowed, but employees were required to advise their immediate supervisor of any potential conflicts. However, secondary employment wasn’t allowed at any time if an employee was off duty because of sickness or injury.
There was also a formal process for disclosure of secondary employment and approval involving a specific form, but at the time the worker was hired there was no form for fare inspectors. When such a form was introduced in May 2021, the worker wasn’t made aware of it.
On June 9, 2021, the worker was injured at work, causing significant injuries to her right arm, right shoulder, and right leg. The TTC accommodated the worker with restrictions on certain physical activities once she returned to work at the end of June.