progressive discipline

Unlucky or deserving? An employee’s dismissal was unjust, but reinstatement not appropriate

March 13, 2013 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, 0

A small-town bank manager who had an affair with a subordinate—including sex in the bank, during and after hours—should not have been dismissed for cause, according to the Federal Court of Appeal. Nevertheless, given the circumstances, it was not appropriate to reinstate the employee to his job.

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No cause for termination without policy and discipline

March 1, 2013 Adam Gorley Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations, 0

It seems that employers must continually learn that it is crucial to have clear written policies in place governing employee conduct and discipline, and to apply those policies consistently. An Alberta Employment Standards Umpire recently heard a case that reiterates the simple lesson.

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Most-viewed articles this week on HRinfodesk

January 31, 2013 Yosie Saint-Cyr Employee Relations, Human Resources, Human Rights, Union Relations, 0

The three most viewed articles on HRinfodesk this week deal termination due to theft, The Canada Arbitration Board decision about fraudulent medical notes, and a termination substituted with a suspension.

10-day suspension, absence from work, Absenteeism, arbitrators, Disability, Disciplinary measures, discrimination, employment law, employment relationship, Federal Court of Canada, gambling addiction, medical notes, progressive discipline, termination, termination with cause, The Canada Arbitration Board

How to word a policy on progressive discipline

September 4, 2012 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, 0

Every organization has disciplinary concerns at some point in time arising from an employee’s actions which are deemed unacceptable to the employer and which may require some form of discipline to be administered. Generally, employees respect the need for discipline and usually appreciate having a disciplinary process that is deemed to be fair and impartial.

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Dismissal for threat void where employer relied on outdated discipline

July 18, 2012 Christina Catenacci Health and Safety, Human Resources, Human Rights, Union Relations, 0

An Ontario labour arbitrator just allowed an employee’s grievance after the employer terminated him for swearing, refusing to leave the workplace and threatening the vice-president with a shovel. As horrible as this incident sounds, the employer had absolutely no proof of the events because the employer did not follow its own policy and conduct a proper investigation.

anti-harassment policy, anti-violence policy, collective agreements, disipline policy, employment law, grievance, Labour Law, lack of evidence, misconduct, no termination notice, prior incidents of discipline, progressive discipline, sunset clause, termination for cause, threats, workplace harassment, workplace investigation, workplace violence

Retiring employee when he reaches 65 on grounds of poor performance

June 25, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations, 0

The New Brunswick Court of Queen’s Bench recently challenged the Human Rights Commission’s decision to dismiss an employee’s discrimination complaint based on age as without merit. The employer denies discriminating against the employee on the basis of his age, and maintains that the employee was terminated for poor performance.

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When is incompetence cause for dismissal?

May 3, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Training and Development

If establishing just cause for dismissal is considered to be a difficult task, then doing so on the basis of incompetence might be seen as almost impossible. It is certainly among the toughest of grounds to establish, particularly since it does not involve “misconduct.”

breach of contract, employee warnings, employment law, incompetence, misconduct, neglect of duty, performance review, performance standards, progressive discipline, termination, termination with cause, wilful disobedience

Can an employer argue cause when discovered after dismissal?

April 25, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources

An employer decides to dismiss an employee without notice and without legal cause. Subsequent to the dismissal, in reviewing the employee’s work, the employer discovers a number of errors which, if known at the time, would have been sufficient to support a dismissal for cause. Can the employer successfully argue cause in defence of a wrongful dismissal claim? This is a question I have been asked many times by employers, as a review of a dismissed employee’s work after dismissal often reveals significant errors or, in some cases, outright dishonesty.

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Misconduct amounted to just cause but did not disallow termination notice

March 30, 2011 Christina Catenacci Employment/Labour Standards, Human Resources

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.