North Okanagan woman wins $5K after being fired for ‘inexcusable’ texting

LUMBY – A dental assistant has won over $5,000 from her former employer after she was fired from her job due to her "inexcusable" text messaging.

Mieka Mandalari was fired in July 2018 from the Monashee Dental Centre in Lumby, after seven years of service.

Her employer, Dr. Paula Winsor-Lee, states in the letter of termination given to Mandalari, that she was texting while in a staff meeting, describing the incident as "inexcusable."

The letter goes onto say Mandalari did not participate as a "team member," had previously been warned about her cell phone use, and did not take responsibility for her actions.

Mandalari appealed her firing with the Employment Standards Tribunal arguing she was owed wages, annual vacation pay, statutory holiday pay and compensation for length of service.

The Employment Standards Tribunal agreed with Mandalari and ruled she had been fired without just cause and ordered Winsor-Lee to pay $5,163.89 to Mandalari in compensation for her length of service.

Winsor-Lee appealed the decision but lost July 9, with Employment Standards Tribunal member David Stevenson saying in the decision that Winsor-Lee had failed to establish just cause to terminate Ms. Mandalari. Winsor-Lee was also fined $2,000 for contravening the Employment Standards Act.

According to the decision Mandalari worked at the Monashee Dental Centre as a certified dental assistant from December 2011 to July 2018.

The decision states Mandalari was fired due to a cumulation of "minor misconduct or performance issues."

An incident where Mandalari was sending text messages during a staff meeting happened just two weeks before Mandalari was fired. The incident is described as "inexcusable" by Winsor-Lee in the letter and that it showed a "lack of respect" to herself and the other employees.

However, the tribunal director states firing Mandalari over this incident was a "disproportionate response" to her actions, "particularly in light of her length of service."

Mandalari's letter of dismissal also lists she had previously been reprimanded and given a written warning in 2014 for "not participating as a team worker and failing to take responsibility for her actions."

Another reason given in Mandalari's dismissal letter says Mandalari did not inform Winsor-Lee that she was not going to attend an extracurricular event Winsor-Lee had organized for the staff.

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