The New Brunswick Court of Appeal recently upheld a trial decision that by commencing an action for constructive dismissal, an employee had elected to terminate his employment relationship. In Potter v New Brunswick (Legal Aid Services Commission), 2013 NBCA 27, the appellant, Potter, appealed his dismissal of an action for constructive dismissal. The Court of Appeal found no reversible error and dismissed the appeal.
The mantra “Hire Slow and Fire Quickly” has been a favourite of business writers for years. However, an increasing number of thinkers are disagreeing with its sentiment. Danny Boce from Fast Company recently wrote “that catchphrase isn’t just dumb, it’s counterproductive,” particularly for start-ups.
The Queen’s Bench for Saskatchewan just granted an injunction restraining a former employee from competing against his former employer, soliciting the employer’s clients, and using any of the employer’s confidential information he garnered while working with the employer.
The British Columbia Supreme Court recently expressed disapproval of a claim for constructive dismissal on the basis of negative treatment where the plaintiff was an active participant in the creation of the toxic work environment.
Employers should never accept resignations from employees that are upset. It simply casts a “wider net of possible financial exposure” if things turn nasty. In other words, judges or juries probably won’t sympathize with the issue of resignation acceptance if the employee is genuinely and legitimately upset (not because someone misplaced their red stapler).
How do you measure turnover? Most people think they understand turnover. It is a simple and useful concept when it comes to understanding the flow of people through your organization. It is an important marker for determining overall organizational health and likely productivity impacts. If turnover is too high, your business stalls due to constant re-training; if turnover is too low, it can stagnate, leading to mediocre performance.
I have written in this blog and elsewhere, of the value in written employment contracts, written offers of employment, and written employment policies. Much like the break up of a marriage, the parties to the dissolution of the employment relationship often have widely divergent recollections of the understanding of the terms of the relationship when they were entered into. In particular,…
I recently read in the news a classic case of unaddressed harassment claims that led to the worst form of workplace violence. This case may stem from the US but all the same principles and warnings apply in Canada as well. The case involves the death of nine people (including the suspected gunman) on Tuesday August 3, 2010, in a shooting rampage at a beer distributor in Connecticut.
The Ontario Superior Court re-affirmed the freedom of employees to leave their employer and set up a competitive business.