First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

discipline

The need for clear warning before dismissal

I have often discussed the need for warnings in the context of summary dismissal. While some situations will justify dismissal based upon a single incident, in many cases our courts and arbitrators will require progressive discipline. Whatever the steps may be, it is critical that the messaging to the subject employee be clear: the conduct or behavior is unacceptable, and further instances will lead to discipline, which can include termination for cause.

 

, , , , , , ,

Ban on blue jeans and shorts in the workplace: Unreasonable in the circumstances

In Canadian Union of Public Employees, Local 1716 v. British Columbia Assessment Authority, the union filed a policy grievance after a new management policy was put in place in the Kelowna office of the British Columbia Assessment Authority. The new policy banned the wearing of blue jeans or shorts in the office by all employees on days that they were not in the field in settings where jeans were appropriate, for example on farm locations.

 

, , , , , , ,

Context is key: New trial for dismissed CIBC employee

In a decision handed down April 27, 2015, the British Columbia Court of Appeal ordered a new trial. In particular, the court found that the trial judge had misapprehended the evidence and CIBC’s legal arguments, such that the trial judge’s overall conclusion could not stand.

 

, , , , , , , , , , , , , ,

Just cause ‘exaggerated, incorrect and unsubstantiated’

A legal aid lawyer in Newfoundland and Labrador knew his rights when he was suspended indefinitely pending an investigation into alleged negligence, incompetence and dishonesty…

 

, , , , , , , , , , , ,

Differentiated discipline in the workplace

In a recent decision in an Ontario labour arbitration, at issue was a fight that broke out amongst a few employees. The employer terminated all of those employees that were involved in the fight citing that they had violated the company policy by participating in such aggressive behaviour.

 

, , , , , , , , , ,

The Ontario Employment Law Conference is better than ever

Learn the latest!

Early Bird Registration Now Open: 16th Annual Employment Law Conference. Come and learn the latest!

 

, , , , , , , , , , , , , , , , , , , , , , , , ,

Building the just cause wall brick by brick

I am often asked what it takes to prove that summary dismissal is warranted. Can a single incident of misconduct be sufficient? What about a series of less serious incidents?

 

, , , , , , , , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with employee termination, duty to accommodate and the consequences of inappropriate tweets.

 

, , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with the 2015 TD1 Ontario Personal Tax Credits Return; a case dealing with a physical altercation between employees; and when an ESA decision just isn’t enough.

 

, , , , , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a violation of a last chance agreement; discrimination during the selection process; and, demotion and constructive dismissal.

 

, , , , , , , , , , , , , , , , , ,

Do you agree that workplaces should have a dress code?

Human resources experts agree that employees appreciate knowing your expectations about how they should dress for work-if they exist. However, some managers and employers disagree with dress codes. One of our subscribers wondered what our readers think, so in a recent HRinfodesk poll, we asked, Do you agree that workplaces should have a dress code?

 

, , , , , , , , , , , , , , , ,

Arbitrators should apply ‘privacy spectrum’ to personal information

The names of people involved in labour arbitration should be disclosed with the arbitrator’s decisions, unless there are compelling reasons not to do so, according to the open-court principle and the public’s interest. The British Columbia Labour Relations Board affirmed the law in a recent review of an arbitrator’s decision. The board also affirmed arbitrators’ […]

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a discipline process instead of termination; accommodating a probationary employee; and employer-provided vehicles.

 

, , , , , , , , , , , , , , ,

Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal

Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.

 

, , , , , , , , , , , , , , , , , , , , ,

The case of the lunch bag letdown – Should all employee thefts be treated equally?

It has probably happened to most of you. It’s noon, you’re hungry, and that amazing Dagwood-esque sandwich that you got up early to prepare for your lunch is waiting for you in the workplace fridge. Except that it’s not, it’s been stolen, scarpered, misappropriated by one of your colleagues.

 

, , , , , , , , , , , , , , , , , , , , ,

Previous Posts