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off-duty conduct

Three popular articles this week on HRinfodesk

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.

 

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Pokémon GO: A contemporary example of how new technology can impact the workplace

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.

 

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When your employee is arrested

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.

 

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Employment contract law changed in 2015. Have you reviewed yours?

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.

 

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Are your sexual harassment and harassment policies proactive or reactive?

While at the First Reference Conference one year, an interesting conversation arose among attendees at my lunch table, where more than one complained that her workplace refused to implement an anti-bullying policy (as was required under the Ontario Occupational Health and Safety Act), apparently because doing so would open the floodgates (as the HR Manager was the alleged bully).

 

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Can I be disciplined for off-duty behaviour?

“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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Another case of school employee working in sex trade – this time, teacher did not lose job

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?

 

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High school office assistant by day, porn video star by night – she was terminated

I recently told you about the high school office assistant who was suspended with pay for making porn movies on the side—well, the school board has decided to terminate her employment.

 

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High school office assistant by day, porn video star by night – should there be ramifications?

A Quebec school board has suspended a high school office assistant with pay after discovering she also happened to be a porn video star on the side. How did the school board find out about her extra-curricular activity? A student found out her secret and posted it on Facebook, and almost instantly, she was a high school celebrity.

 

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