resignation
March 8, 2013 Clear Path Employer Services Employee Relations, HR Analytics, HR Policies and Procedures, Human Resources, Recruiting and Hiring,
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.
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November 30, 2012 Yosie Saint-Cyr Employee Relations, Human Resources,
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.
competing with the employer, confidential information, conflict of interest, employment contract, employment law, injunction, non-compete clause, post-employment activities of key employees, reasonableness, resignation, restrictive covenants, Saskatchewa, termination
October 15, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources,
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.
co-workers, common law, constructive dismissal, employment contract, employment law, fundamental term of the employment relationship, hostile work environment, hostile workplace, intention to return to work, negative treatment, Notice of termination, repudiation of the employment contract, resignation, resigned from position, terminations, wrongful dismissal
April 10, 2012 Adam Gorley Employee Relations, HR Analytics, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring
You’ve probably heard by now that some employers in the United States have come up with the idea of asking prospective employees for their Facebook passwords so they can take a closer look at what these candidates are all about. Is it legal? Is it ethical? Is it fair?
Absenteeism, consent, discrimination, employment law, facebook, googling, length of employment, performance, policy and procedures, protected grounds, reference check, reference checking, resignation, Social interview, social media, social networking, termination, turnover
January 11, 2012 Matt Lalande Employee Relations, Employment/Labour Standards, Human Resources
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).
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November 25, 2011 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
In a recent case coming out of the Court of Queen’s Bench of New Brunswick, the Court believed the employee’s story that he was terminated without cause, rather than the employer’s story that the employee resigned. When looking at the facts, the Court found the employee to be the more credible witness and awarded termination notice of 23 months.
credibility, employment law, hefty damage awards, long-term employee, management skills, New Brunswick, promotion, resignation, social skills, statutory notice, termination, termination notice, trainng, wrongful dismissal
October 13, 2011 Ian J Cook HR Analytics, HRMS, Human Resources
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.
employment contract, headcount, HR metrics, HRMS, productivity, resignation, retirement, stagnation, standards, termination, turnover
August 25, 2011 Earl Altman Employment/Labour Standards, Human Resources, Recruiting and Hiring
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,…
constructive dismissal, employment contract, employment contracts, employment law, employment policies, employment relationship, hiring process, negligent misrepresentation, offers of employment, resignation, severance package, written agreements, wrongful dismissal
August 13, 2010 Yosie Saint-Cyr Health and Safety, Human Resources, Human Rights
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.
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June 15, 2010 Earl Altman Employment/Labour Standards, Human Resources
The Ontario Superior Court re-affirmed the freedom of employees to leave their employer and set up a competitive business.
Dismissal, employment contract, Human Resources, non compete, non-competition, non-solicitation, ontario, resignation, restrictive covenant, termination
November 5, 2009 Stuart Rudner Employment/Labour Standards, Human Resources
Clearly, if a court finds that one party has been dishonest, it will have serious negative repercussions with respect to their chances of success. It can also result in a cost award against them. The question for today, however, is whether it is appropriate to also find parties who lie during the litigation process in contempt, and if so, what the appropriate penalty should be.
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