proportionality

No proportionality, no cause for termination

March 29, 2012 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources

Manitoba’s Court of Queen’s Bench recently confirmed that a termination for cause was inappropriate, given that it was not proportional to the employee’s conduct. As a result, the employer had to pay 12 months’ severance as set out in the employment agreement regarding a termination without cause.

altercation, anger management, angry employee, conduct and behaviour, Disciplinary measures, discipline, employee conduct, employment contract, employment law, manitoba, progressive discipline policy, proportionality, reasonable discipline, Sanctions, severance, severity of an employee’s misconduct, suspension, terminate, termination for cause, termination notice, workplace investigation, wrongful dismissal

Employers must now treat verbal threats as serious offences under the OHSA’s definition of workplace violence

September 14, 2011 David Hyde Employee Relations, Health and Safety, Human Resources, Human Rights

A recent labour arbitrator’s decision—to uphold the City of Kingston’s right to terminate a 28-year employee for issuing a verbal threat against a co-worker—was based in large part on the arbitrator’s view that “the classification of threatening language as workplace violence” under the Occupational Health and Safety Act represents a “clear and significant change” to the law in Ontario.