First Reference Talks

Posts Tagged ‘discipline’

Landmark decision gives insight into workplace harassment and employer reprisal

Friday, October 21st, 2011

The Ontario Labour Relations Board has provided what some believe to be the most significant legal interpretation yet of workplace harassment and employer reprisal in the context of the recently enacted Bill 168 amendments to the Occupational Health and Safety Act (OHSA). The case, Conforti v. Investia Financial Services Inc., 2011, was decided on September 23, 2011.

Read the rest of this post »

Tags: Bill 168, compliance, discipline, employment law, harassing email, occupational health and safety act, OHSA, ontario, reprisal, right to refuse work, risk assessment, termination, termination for cause, termination for harassment complaint, vexatious comment or conduct, whistleblowing, workplace harassment, workplace harassment investigation, workplace violence
Posted in Employee Relations, Finance and Accounting, Health and Safety, Human Resources, Human Rights, Internal Controls | Make a Comment »

I’m getting the sniffles… it’s another case of the World Cup Flu!

Friday, June 24th, 2011

‘Tis the season of the FIFA Women’s World Cup. This time, it’s women who are going to be playing, beginning this Sunday June 26 and ending July 17, in Germany. It may not be as popular as the men’s World Cup, but it is a busy and important year for women’s football/soccer! Will the rate of employee absenteeism be as high as when the men’s World Cup took place? Maybe not; but still, what can employers do to manage a sudden outbreak of “World Cup flu” cases in their workplace?

Read the rest of this post »

Tags: Absences, Absenteeism, attendance, discipline, employee absenteeism, employment law, fifa, FIFA Women's World Cup Germany 2011, football, lateness, policies, sick leave, soccer, time in lieu of overtime, time theft, vacation time, women's soccer, work computers, world cup, World Cup Flu
Posted in Employee Relations, Employment Standards, Human Resources | Make a Comment »

High school office assistant by day, porn video star by night – she was terminated

Wednesday, April 13th, 2011

I recently told you about the high school office assistant who was suspended with pay for making porn movies on the side—well, the school board has decided to terminate her employment.

Read the rest of this post »

Tags: conduct and behaviour, discipline, employment contract, employment law, facebook, moonlighting, off-duty activities, off-duty conduct, porn video star, pornography career, school board, social media, suspension, termination, termination with cause
Posted in Employment Standards, Human Resources | Make a Comment »

Firing by email part II: wrongful dismissal implications

Tuesday, January 25th, 2011

Pursuant to my blog post of January 11, 2011 discussing the implications of firing by email when an employee files a complaint under human rights legislation, Is it okay to fire an employee by email? It may depend on what course of legal action your former employee pursues.

Read the rest of this post »

Tags: common law, discipline, employee handbook, employment law, Firing by email, policy manual, termination, terminations, Wallace, wrongful dismissal
Posted in Employment Standards, Human Resources | Comments Off

Slaw: The boundaries’ of the N-word in employment

Wednesday, January 19th, 2011

Can an employer fire a white employee for using the n-word if it lets black employees say it?

Read the rest of this post »

Tags: condoning social norm, discipline, discriminated against because of race, discrimination, double standard, employment law, hostile work environment, mixed-motive analysis, racial discrimination, racially offensive, racism, retaliation, terminations, victim of racial discrimination, workplace
Posted in Human Resources, Human Rights | Make a Comment »

An interesting story of how the employer did the right thing

Friday, November 19th, 2010

I recently read a case coming out of the Yukon where an employee accused his employer of discriminating against him based on the ground of mental disability, which was contrary to the Yukon Human Rights Act.

Read the rest of this post »

Tags: accommodation, bipolar disorder, Disability, discipline, discrimination, duty to accommodate, employment law, flexible work arrangements, human rights act, Human Rights Board of Adjudication, inappropriate conduct, medical assessment, mental disability, paid sick leave, Yukon
Posted in Human Resources, Human Rights | Make a Comment »

Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim

Tuesday, September 7th, 2010

The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.

Read the rest of this post »

Tags: bad faith in the matter of the dismissal, constructive dismissal, damages, discipline, Dismissal, employer code of conduct, employment law, intentional infliction of mental suffering, Ontario Court of Appeal, performance review, personal liability on a manager, terminations, tort liability, tort of negligence in the employment context, torts of battery, vicarious liability, vicariously liable, wrongful dismissal, Wrongful dismissal claims
Posted in Employment Standards, Human Resources | Make a Comment »

Free speech v. discrimination: When workplace rules cross the line

Tuesday, August 24th, 2010

The recent case of Friesen v. Fisher Bay Seafood and others is a great example of free speech v. discrimination, on how and when workplace rules cross the line…

Read the rest of this post »

Tags: BFOR, bona fide occupational requirement, discipline, discrimination, duty to accommodate, employment law, firing, Free speech, Freedom of religion, Friesen v. Fisher Bay Seafood and others, policies and procedures, preaching at work, religion, religion in the workplace, religious beliefs, termination, workplace rules
Posted in Human Resources, Human Rights | Make a Comment »

Has your workplace experienced an outbreak of the ‘World Cup Flu’?

Friday, June 18th, 2010

Are your employees suffering from the “World Cup Flu”? Are you finding that there is an unusually high rate of absenteeism in your office these days?

Read the rest of this post »

Tags: Absenteeism, discipline, employment law, employment standards, fifa, flex time, hours of work, Human Resources, soccer, sports in the workplace, time in lieu of overtime, vacation time, working conditions, world cup
Posted in Employment Standards, Human Resources | Make a Comment »

Arbitrator rules against GTAA in favour of employee

Tuesday, June 1st, 2010

“Employees are not like tissues to be used up and then thrown out at a whim into a bin of low-level employment or unemployment.” The arbitrator in a recent case concluded that the Greater Toronto Airports Authority’s conduct in terminating a disabled employee was a violation of its collective agreement…

Read the rest of this post »

Tags: bad faith damages, Canada Labour Relations Act, canadian employment law, damages, discipline, Dismissal, employee return to work, employee surveillance, employment law, Federal Labour Relations Board, general damages, leave of absence, mental distress, punitive damages, sick-leave benefits, termination, Wallace damages, workplace investigation, wrongful dismissal, wrongful dismissal claim
Posted in Employment Standards, Human Resources | Make a Comment »

Addiction to Farmville can get you fired

Wednesday, March 31st, 2010

I never understood the fascination to this Facebook application… a game called Farmville. Certain members of my family play it and some of my co-workers indulge in it. Most of the Facebook status updates or newsfeeds I see over my network involve someone looking for something or finding something in Farmville, and would like to share it with me. For example, “Christina was farming when she found a Wandering Stallion! Christina wants her friends to help the Wandering Stallion by giving him shelter for the night“.

Read the rest of this post »

Tags: discipline, duty to accommodate, facebook, facebook applications, farmville, policy and procedures, social media, social media activities at work, termination
Posted in Human Resources, Human Rights | Make a Comment »

Sleeping on the Job? What do you have to do to get fired in Canada, anyway?

Wednesday, February 3rd, 2010

Employees can be dismissed for cause, and therefore without notice or severance, when their misconduct or performance is so egregious that the employment relationship has been irreparably harmed. In assessing this issue, employers must adopt a contextual approach, which considers not only the misconduct in question, but the entirety of the employment relationship.

Read the rest of this post »

Tags: canadian employment law, conduct and behaviour, discipline, Dismissal, employee conduct, employment law, HR issues, Human Resources, Labour Law, termination
Posted in Employment Standards, Human Resources | 2 Comments »

Refusing work if workplace violence is likely to endanger

Tuesday, January 19th, 2010

What do you do when an employee tells you she’s refusing to work because she fears she’ll suffer from an act of violence at the workplace? You might ask: can the worker even do that? With workplace violence and harassment legislation and regulation spreading across Canada, you might just need to know.

Read the rest of this post »

Tags: Bill 168, discipline, occupational health and safety, Ontario Occupational Health and Safety Act, privacy, right to refuse work, work refusal, workplace harassment, workplace policies, workplace violence
Posted in Health and Safety, Human Resources | 2 Comments »

First Reference Talks

Posts Tagged ‘discipline’

Landmark decision gives insight into workplace harassment and employer reprisal

I’m getting the sniffles… it’s another case of the World Cup Flu!

High school office assistant by day, porn video star by night – she was terminated

Firing by email part II: wrongful dismissal implications

Slaw: The boundaries’ of the N-word in employment

An interesting story of how the employer did the right thing

Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim

Free speech v. discrimination: When workplace rules cross the line

Has your workplace experienced an outbreak of the ‘World Cup Flu’?

Arbitrator rules against GTAA in favour of employee

Addiction to Farmville can get you fired

Sleeping on the Job? What do you have to do to get fired in Canada, anyway?

Refusing work if workplace violence is likely to endanger

Get Free Updates

Categories

Recent Comments

Like us on Facebook!

Links

Blogroll

Post Archives

Questions?