Until the last few years formal workplace investigations were relatively uncommon. Recent changes to the law however have totally changed the legal landscape relating to workplace investigations. To reduce legal exposure and save costs, I believe most employers should ensure that at least one employee receives workplace investigation training. This blog discusses four scenarios where workplace investigations are required or recommended.
With the internet playing an ever larger role in our lives (and our work), it is no surprise that there has been a corresponding increase in online employee misconduct. In this realm, one of the most frustrating situations for employers relates to anonymous postings that offend company policy. These occur in a variety of ways: from nameless comments on online message boards disparaging the workplace to videos uploaded to sites like YouTube as a form of workplace or co–worker harassment.
Three popular articles this week on HRinfodesk deal with employer vicarious liability for employee misconduct; reasonable notice and the failure to mitigate; and, the legal definition of “immediate family” for the purpose of bereavement leave.
Even though Ontario judges have been using the same test for 55 years to determine how much notice of termination an employee is entitled to receive, employees and employers continue to disagree on an appropriate notice period in individual cases.
Three popular articles this week on HRinfodesk deal with a breach of trust in an employment relationship; accommodating addiction problem; and a constructive dismissal claim.
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.
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.
A recent decision of the Ontario Court of Appeal, confirming a trial decision, once again demonstrates the difficulty employers will face in satisfying courts in this province that there was cause for dismissal.
A recent Ontario case dealt with an employee’s misconduct that clearly amounted to just cause for termination; however, the employee was still entitled to termination pay.