A hospital employee fired for a long absence from work while stuck in jail has won his job back – again.
Paul Lynch had worked for 12 years at the Dr Everett Chalmers Hospital in Fredericton, New Brunswick when he failed to show up for his shift in November 2015.
After five weeks without so much as a call, his boss fired him – only to later find out Lynch had been in prison after being arrested for drink-driving.
It was Lynch’s seventh DUI and he ended up spending three months in prison, CBC
Because inmates weren’t allowed to call anyone other than their lawyer or an Ombudsman, Lynch was unable to call his employer to explain his no-shows.
Since his release, Lynch and his union have been fighting to get his job back.
In February, labour adjudicator John McAvoy ordered the hospital to reinstate him.
After an appeal by the hospital, McAvoy’s decision was upheld by Court of Queen's Bench Justice Hugh McLellan this week.
Earlier, McAvoy said inmates should have the right to call their employer while in custody, CBC
Jailed drunk-driver wins job back
weighs in on termination clauses
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