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termination for cause

The need for clear warning before dismissal

I have often discussed the need for warnings in the context of summary dismissal. While some situations will justify dismissal based upon a single incident, in many cases our courts and arbitrators will require progressive discipline. Whatever the steps may be, it is critical that the messaging to the subject employee be clear: the conduct or behavior is unacceptable, and further instances will lead to discipline, which can include termination for cause.

 

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Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal

A 62 year old Mississauga teacher with 10 years of service experienced the joy of winning a huge damage award in the face of allegations of just cause at trial only to have the trial decision squarely overruled by a majority of the Ontario Court of Appeal with significant cost consequences to account for. While the Ontario Court of Appeal often gives Trial Judges significant deference in their decisions, the Court of Appeal found that the Trial Judge misapplied the facts to the proper law on just cause dismissal and overruled the entire decision and awarded the employer significant costs on both the trial and appeal.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a breach of trust in an employment relationship; accommodating addiction problem; and a constructive dismissal claim.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with employee termination, duty to accommodate and the consequences of inappropriate tweets.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a discipline process instead of termination; accommodating a probationary employee; and employer-provided vehicles.

 

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Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal

Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.

 

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Employee misconduct: Is it cause for dismissal?

A recent case from the Ontario Superior Court of Justice serves as a good reminder to employers that there is a high standard to dismiss an employee for cause, particularly if the employee has a good performance record and long service.

 

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Jurisdictional disputes in employment contracts

In this electronic age, many employers will make offers of employment via email. When the offer is being made to an individual in another province or country, an issue may arise as to what jurisdiction will govern when a dispute arises.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with dishonesty as cause for employee termination, the new CSA national OHS training standard and how ongoing tardiness and breach of trust justified termination for cause

 

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Most-viewed articles this week on HRinfodesk

The three most popular HRinfodesk articles this week deal with proposed amendments to the Canada Labour Code, a vacation deprivation study, and a termination case based on the language of an employment contract..

 

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A quick primer on just cause termination

wheelchair

Every month I have the benefit of drafting a quick blog on great employment law topics. A case that I very recently read, which is probably the best employment case I have ever read, catalyzed my interest in drafting a quick primer on the law of just cause. In the case of Barton v. Rona Ontario Inc. (2012 ONSC 3809) the plaintiff Kerry Barton was an assistant store manager at Rona in Barrie. He managed approximately 140 employees. One of the employees was wheelchair bound…

 

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Dismissal for threat void where employer relied on outdated discipline

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.

 

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No proportionality, no cause for termination

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.

 

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Landmark decision gives insight into workplace harassment and employer reprisal

The Ontario Labour Relations Board has provided what some believe to be the most significant legal interpretation yet of workplace harassment and employer reprisal in the context of the recently enacted Bill 168 amendments to the Occupational Health and Safety Act (OHSA). The case, Conforti v. Investia Financial Services Inc., 2011, was decided on September 23, 2011.

 

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Is severance pay required when an employee is terminated?

When I speak at conferences, I am often asked the following question: “Is severance pay required when an employee is terminated?”

Before this question can be answered, we have to first confront the difficulty that some payroll terms traditionally used to describe both termination, as well as any payments resulting from this event, haven’t always been defined with the greatest of clarity. My preference has always been for those terms that convey the clearest meaning of the related employment standards and source deduction requirements.

 

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