Dismissal
March 13, 2013 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources,
A small-town bank manager who had an affair with a subordinate—including sex in the bank, during and after hours—should not have been dismissed for cause, according to the Federal Court of Appeal. Nevertheless, given the circumstances, it was not appropriate to reinstate the employee to his job.
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February 11, 2013 Alison J. Bird Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
Across Canada, there is a trend in human rights law to increase protections for transgendered individuals. Last year, Ontario and Manitoba joined the Northwest Territories in expressly including “gender identity” as a prohibited ground of discrimination under their human rights legislation. Ontario also included “gender expression” as a prohibited ground. In addition, Nova Scotia in 2012 added “gender identity” and “gender expression” to its Human Rights Act to protect transgendered persons from discrimination.
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February 7, 2013 Stuart Rudner Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations,
If employers were not already convinced that social media is a legitimate concern and that they need to take steps to control their employees’ use thereof, some recent events should make this even clearer. Within the last week, HMV found itself on the wrong end of extremely negative publicity after some of its [...]
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October 4, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation,
The three most popular HRinfodesk articles this week deal with 2013 EI rates, hypersensitivity to scent in the workplace and insurbordinate behaviour…
aggressive behaviour, Disability, discipline, Dismissal, Employment Insurance, HRinfodesk, hypersensitivity to scent, insubordinate behaviour, Last chance aggreements, smells in the workplace, terminations, workplace conduct and behaviour
September 20, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources,
The three most viewed articles in this week HRinfodesk newsletter deals with assessing a probationary employee, dismissing an employee based on a serious misconduct and the upcoming workplace mental health standard…
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August 23, 2012 Yosie Saint-Cyr Human Resources, Payroll, Pensions and Benefits,
The three most viewed articles in this week HRinfodesk newsletter deals with OHS reprisals, dismissal because employee issued threats, and WSIB benefits for employee assaulted at work…
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August 2, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation,
Last year, I reminded employers of the danger of failing to continue disability benefits after dismissing an employee and providing pay in lieu of notice. An important case has now passed through the Ontario Court of Appeal…
Brito v. Canac Kitchens, common-law notice period, contract of employment, Disability, disability coverage, disability insurance, Dismissal, dismissing an employee, employment contract, employment law, employment standards act, employment-related benefits, lump-sum payment, notice of dismissal, notice period, Ontario Superior Court of Justice, pay in lieu of notice, reasonable opportunity to seek new employment, salary and benefit continuance, termination without cause, terminations, working notice
May 31, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights
The war is over (and you’re fired)! In the history of questionable dismissals of employees, the saga of journalist Edward Kennedy has to rank near the top of the list. Over 65 years after his firing, his former employer has apologized. (In PDF) Is excessive Internet use time theft? It is now common [...]
accommodation, Dismissal, employment law, Human Resources, internet use at work, productivity, termination, time theft
April 25, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources
An employer decides to dismiss an employee without notice and without legal cause. Subsequent to the dismissal, in reviewing the employee’s work, the employer discovers a number of errors which, if known at the time, would have been sufficient to support a dismissal for cause. Can the employer successfully argue cause in defence of a wrongful dismissal claim? This is a question I have been asked many times by employers, as a review of a dismissed employee’s work after dismissal often reveals significant errors or, in some cases, outright dishonesty.
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February 2, 2012 Stuart Rudner Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
Employment lawyers are generally quite adept at negotiating and resolving disputes arising out of the termination of an individual’s employment. We have all seen the statistics that only a miniscule number of dismissals result in a full trial and we know that in almost every case, it is better for the parties to reach a resolution than to proceed with litigation. That said, many traps exist in the settlement of a wrongful dismissal claim.
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December 21, 2011 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
Constructive dismissals are something that most employers are aware of, but many may not be aware that constructive dismissals are in fact very difficult cases for employees to win. This is illustrated by a recent case out of Nova Scotia, Gillis v. Sobeys Group Incorporated 2011 NSSC 443.
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November 24, 2011 Earl Altman Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
Probably the most prevalent misconception in the area of employment law is the notion that all employees are entitled to “one month per year” as notice of termination without cause. This has, in the past, been referred to as the golden rule. In spite of repeated judicial pronouncements that the rule no longer applies, human resources professionals continue to apply it.
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October 6, 2011 Stuart Rudner Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
As I and others have frequently commented, there is widespread confusion and misunderstanding regarding how our courts determine the amount of notice of dismissal (sometimes referred to as “severance”) an employee is entitled to. The recent decision of the Saskatchewan Court of Queen’s Bench in Coppola v. Capital Pontiac Buick Cadillac GMC Ltd. provides a fairly thorough analysis.
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September 27, 2011 Andrew Lawson Employee Relations, Human Resources, Human Rights
“I am at a party on my day off and a coworker hurls racial insults at me or makes sexual suggestive comments to me.” Am I protected by my employer’s harassment and discrimination policy? Likewise, if I am the one doing the hurling or suggestive commenting, am I subject to discipline under my employer’s policies?
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May 5, 2011 Stuart Rudner Employment/Labour Standards, Human Resources
As we all know, in the late 1990’s the Supreme Court of Canada held that employers had a duty to act in good faith in the course of terminating the employment relationship. In Wallace v. United Grain Growers, our High Court found that the employer had breached that duty, and the majority held that the remedy for such a breach would be to extend the applicable notice period. Over the following decade, claims for “Wallace damages” became commonplace, to say the least. Unfortunately, many courts seemed more than willing to oblige plaintiffs, finding bad faith in all sorts of circumstances that, while not demonstrative of perfect practice in the course of dismissal, hardly seemed to indicate conduct taken in bad faith.
Altman v. Steve’s Music Store Inc, bad faith, damages arising out of bad faith, damages arising out of the manner of dismissal, Dismissal, duty to act in good faith, employment law, employment relationship, Keays v. Honda Canada Inc, Mulvihill v. Ottawa (City), notice period, Soost v. Merrill Lynch, Supreme Court of Canada, terminations, The Damages Formerly Known as Wallace, Wallace damages, Wallace v. United Grain Growers
I believe smoking (i.e., nicotine) is recognized as an addiction, as Simon mentions, which would engage the question of discrimination. – Jun 18, 9:40 PM
Even though as a non-smoking employer I support the actions of Momentous Corp, I am surprised they have even attempted to take this position, given... – Jun 17, 5:46 PM
Where in Human Rights does it say that smokers are now protected under one of the grounds and if so which ground are they protected... – Jun 17, 3:28 PM
Controlling employee use of social media through contract
February 7, 2013 Stuart Rudner Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations, 0
If employers were not already convinced that social media is a legitimate concern and that they need to take steps to control their employees’ use thereof, some recent events should make this even clearer. Within the last week, HMV found itself on the wrong end of extremely negative publicity after some of its [...]
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