First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Dismissal

Arbitrator upholds just cause termination in part on negative Facebook post

Social media has become entrenched in our society and millions of employees use it on a daily basis. However, employees are warned that making negative comments about their employers on social media can have significant repercussions. Arbitrator Norm Jesin recently upheld a just cause termination, in part, because the Grievor had made negative comments about the employer on Facebook after his employment had been terminated.

 

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

Silence proves costly: employment agreements and reasonable notice

Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent case out of Toronto.

 

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

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with three cases: One case looks at the “suitability test” to establish whether the employer acted in good faith; the second case looks at constructive dismissal; and the third case addresses the question of whether employers can terminate disobedient employees for cause.

 

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

Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

Rule of law

The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.

 

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

Court finds that employer telling employee to “get out” constitutes dismissal

Termination of an employment relationship can come in many forms; some apparent and some not so. In the latter case, it often falls to a court to determine whether an employer’s actions constitute dismissal or constructive dismissal. This was the issue faced by Justice Lack in the recent decision of Sweeting v Mok.

 

, , , , , , , ,

Dial “D” for dismissal: Employee fired after “pocket-dial”

Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a phone when it is in a person’s pocket. In a recent decision from Alberta, an employee’s pocket-dial revealed that he was performing work for his own personal business on company time, leading to his dismissal for cause.

 

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

No “give and take” required by employee in accommodation under the Human Rights Code

The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.[1] The respondent alleged that her termination was […]

 

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

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with changes to police record check; non-discriminatory explanation for firing; and ROE Web formats.

 

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

Common traps that many Ontario employers fall into in the course of termination

This post is focused on common traps that many employers fall into in the course of termination. While it is written from the perspective of employers, each of these points applies equally to employees, since an individual that misunderstands these issues will fail to enforce their legal rights and end up leaving substantial amounts of money on the table when they lose their job.

 

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

Crime at work: The sometimes criminal consequences of workplace misconduct

Misconduct at work is typically met with discipline or, if particularly bad, perhaps dismissal. There are occasions, however, where employee misconduct will also merit criminal charges.

 

, , , , , , , , , ,

Punitive damages: Court of Appeal of Quebec reduces damages payable by an employer following a constructive dismissal

On July 7, 2014, the majority of the Quebec Court of Appeal allowed an appeal from a judgment of the Superior Court that had ordered the employer to pay an amount of $1,086,767 due to a constructive dismissal, to reduce the amount of the damages awarded to $709,488.

 

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

Knowing your limitation periods under the Human Rights Code

The Human Rights Code allows for a person who believes that their rights under the “Code” have been infringed upon to file an application to the Human Rights Tribunal of Ontario. The “Code” states that the application must be made within one year after the incident, or if there were a series of incidents, within one year after the last incident in the series. But what happens when a person files an application outside of the limitation period?

 

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

Employee misconduct: Is it cause for dismissal?

A recent case from the Ontario Superior Court of Justice serves as a good reminder to employers that there is a high standard to dismiss an employee for cause, particularly if the employee has a good performance record and long service.

 

, , , , , , , , , , ,

What’s cause got to do with it?

Rule of law

At times, employers despair at the perceived narrowing of the requirements of just cause for termination. With many adjudicators focused on progressive discipline, summarily dismissing an employee, even for serious misconduct, requires caution and often a well-researched legal opinion.

 

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

Boucher v. Wal-Mart Canada: Ontario Court of Appeal rocks the wrongful dismissal world

On May 22, 2014 the Ontario Court of Appeal (OCA) released the Boucher v. Wal-Mart Canada decision. It could rock the wrongful dismissal world.

 

, , , , , , , , , ,

Previous Posts Next posts