The three popular articles this week on HRinfodesk deal with: whether an amount paid to a taxpayer on retirement qualifies as a retiring allowance; whether criminal charges alone for off-duty conduct is enough for just cause dismissal; when moral damages are to be awarded in a wrongful dismissal case.
By now you have likely heard of the new gaming phenomenon sweeping the globe: Pokémon GO. For employers, Pokémon GO has provided some great real world examples of how the introduction of a new technology can impact the workforce. Consider the following.
What is an employer to do when it discovers that one of their employees has been arrested? In many cases, the employer’s knee-jerk reaction will be to dismiss the employee, particularly where the charges relate to more unsavoury conduct. However, the law is clear that like most off-duty conduct, being charged with a criminal offence will not, in and of itself, be just cause for dismissal.
Recent court decisions changed how the law applies to employment contracts, most importantly terminations, but also off-duty conduct, consideration and restrictive covenants. Important lessons from the changes are that employers need to review their employment contracts, you can update them or change their terms while complying with the law, and failing to do so can damage your organization’s finances and reputation.
“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?
Remember the case where a Quebec school board terminated an office assistant because she was a porn video star on the side? She was terminated because her off-duty conduct was inconsistent with the school board’s mission and the values the board wished to convey to students. Well, here’s another case where a sex-ed teacher who also worked as a stripper and porn actor was allowed to keep teaching! What was the difference in this case?