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Building the just cause wall brick by brick

I am often asked what it takes to prove that summary dismissal is warranted. Can a single incident of misconduct be sufficient? What about a series of less serious incidents?

 

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Managing risk in not-for-cause employee terminations

My Human Resources college professors used to ask students on a regular basis when it was OK for employers to terminate employees without cause. The answer, in theory, is that the employer can terminate an employee at any time! However…

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with Saskatchewan upcoming minimum wage; Ontario’s sunshine list; and discrimination based on sexual orientation.

 

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Balancing just cause for dismissal and accommodation

Ontario-auto-shop-employee-loses-job-over-Twitter-search-for-marijuana

Recently, a Mr. Lube employee tweeted a request for some marijuana to help him get through his shift. This may have gone unnoticed by the media, but it came to the attention of the York Regional Police, who used their Twitter account to respond by asking, “Can we come too?” Presumably, his employers were asking a different question: “Can we fire him?”

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the duty to accommodate, the termination of a probationary employee and managing employee illnesses.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the accommodation of Muslim employees during Ramadan and the terminations of a disable employee and an employee who was a “simmering ball of negativity.”

 

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The law of dismissals: just cause is not a lost cause

Dismissals for cause can be one of the most interesting and challenging issues within the world of HR. While some companies have simply given up, I often say that “just cause is not a lost cause”.

 

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Human Rights Tribunal scrutinizes medical note in allegation of discrimination on the basis of disability

Human Resources practitioners are constantly confronted with medical notes from employees that do not provide any meaningful medical information (i.e. Bob is off work for 2 weeks because he is under doctor’s care). In addition, some employees who are disciplined or terminated after submitting these less than informative medical notes will file human rights complaints alleging discrimination in employment on the basis of a disability. Recently, the Ontario Human Rights Tribunal (“Tribunal”) had a chance to comment on these all too common issues…

 

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Bias in interviews and the importance of ability testing

job interview

According to Susan J. Herman, author of Hiring Right, A Practical Guide, the interview is the most frequently used selection tool and the least valid and reliable. Validity is the degree to which a selection tool like testing or interviewing measures what it is supposed to measure. The closer a statistic is to 1, the more valid it is. Yet interviews have an average validity of 0.14 while ability testing has an average validity of 0.53.

 

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Knowledge of disability triggers employer’s duty to accommodate

A recent Ontario Human Rights Tribunal case offers a clear message to employees: you have to make your employer aware of a disability if you want to trigger the employer’s duty to accommodate.

 

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