An aircraft maintenance engineer who was fired for declining to wear a face mask at work won nearly $9,000 in damages..Evidence at the Alberta Labour Board indicated the employee protested “he was not a sheep.”.“The employer has a duty of professionalism,” wrote William Johnson, adjudicator with the Labour Board. “Where there is ambiguity it is incumbent upon the employer to make inquiries to clarify the situation.”.According to Blacklock's Reporter, the incident occurred at Acorn Welding Ltd. of Edmonton, a federally-regulated aircraft maintenance company. It followed the Nov. 20, 2020 passage of a municipal bylaw that stated all Edmonton residents “must wear a face covering at all times while in an indoor, enclosed or substantially enclosed public place or in a public vehicle.”.Adam Yates, maintenance engineer, was fired a week after the bylaw’s passage after he was confronted by a supervisor on the shop floor. “You cannot work without a mask,” the supervisor was quoted in board hearings. “Yates replied ‘he was not a sheep’ and stated he would not wear a mask.’”.An eyewitness testified Yates appeared upset and gathered his tools when the supervisor returned and commented: “Go home, think about it and come back on Monday when we can have a clearer discussion.” Yates’ skills were “specialized in nature and as such it was difficult to replace (him),” the board noted. Acorn Welding “needed a person with the respondent’s skills,” it said..Yates was fired by mail. “We are writing to inform you that Acorn Welding is accepting your resignation,” wrote the company’s human resources officer, adding: “This is based on your firm unwillingness to wear a facial covering while not working in your cubicle as required.”.The letter amounted to dismissal without notice in breach of the Employment Standards Code, said the Labour Board. Engineer Yates was awarded damages of $8,917..Federal authorities to date have not estimated the number of suspensions or firings that resulted from COVID-19 mask mandates. Municipal bylaws and provincial health orders followed a September 21, 2020 House of Commons directive ordering MPs to wear masks in all lobbies, committee rooms, elevators, hallways, stairways, washrooms and cafeterias except to “consume food or drink.”.“Just like any other workplace or business, detailed plans need to be in place,” Dr. Theresa Tam, chief public health officer, said at the time..“I think the key is to make sure there are plans and people understand what to do if they are physically in the same spot.”
