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employee misconduct

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Repeal of CPP Social Insurance Numbers Regulations and amendments; whether less-than-ideal working conditions can result in a constructive dismissal circumstance; and an employee’s reinstatement after serious misconduct.

 

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Workplace investigations that are required or recommended

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.

 

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Employee misconduct and online anonymity

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.

 

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Three popular articles this week on HRinfodesk

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.

 

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Wrongful dismissal: The latest from Ontario’s Court of Appeal

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.

 

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Three popular articles this week on HRinfodesk

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.

 

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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.

 

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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.

 

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Proving cause remains an up-hill battle

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.

 

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Misconduct amounted to just cause but did not disallow termination notice

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.

 

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