terminations
June 10, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources,
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.
constructive dismissal, employment contracts, employment law, indefinite suspension, resignation, severance package, suspension with pay, termination, terminations, terms and conditions of employment, wrongful dismissal
June 6, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Source Deductions and Reporting,
Whistleblowing occurs when employees reveal corporate wrongdoing, usually in their organization, to law enforcement. Unfortunately, it is common for whistleblowers to experience demotion, dismissal and otherwise negative treatment from their employers after they disclose the malfeasance or corruption.
Code of Ethics, criminal code, disclose wrongdoing, employment law, malfeasance or corruption, reprisal, reprisals, terminations, whistleblowers, whistleblowing
May 30, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with a reinstatement that was ruled an undue hardship for the employer, how a series of health and safety violations can be just cause for termination and how an employee on maternity leave was justly terminated due to a corporate downsizing.
addictions, corporate downsizing, employment law, firing the long-term employee, Health and safety violations, HRinfodesk, just cause for termination, Labour Law, maternity leave, reinstatement, safety incidents, termination, terminations, undue hardship, warnings, wrongful dismissal
May 27, 2013 Clear Path Employer Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring,
Let’s be honest. As HR professionals, we’ve all probably seen our fair share of oddities in the workplace. From unusual employee excuses for missing work to other hilarious mishaps, some workplaces are anything but boring. Over the past couple of months, the news has been flooded with stories of ridiculous happenings within the workplace. Check out some of the craziest ones of the bunch:
a.j. clemente, Absenteeism, anna aceto-guerin, boss assigns homework to employees, chris holmes, clear path employer services, employment law, Fired, first day on the job, man wrestles shark, missing work, mr. cake, news reporter swears on first day, paul marshallsea, resignation on cake, resignations, ron tuitt, sick leave, teacher urinates in classroom, terminations, unfit to work, unusual employee excuses for missing work, unusual workplace stories, wild workplaces making headlines, workplaces
May 16, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.
Adverse treatment, Disability, discrimination, dishonesty, dismissing for just cause, duty to accommodate, employee’s dismissal, employment law, human rights tribunal, involuntary retirement, just cause, leave of absence, long absence, Pensions and Benefits, retiring allowance, Return to work, settlement, severance payment, tax withholding, termination, terminations, Treating employee negatively, workplace investigation
May 3, 2013 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation,
Dismissals for cause can be one of the most interesting and challenging issues within the world of HR. While some companies have simply given up, I often say that “just cause is not a lost cause”.
allegations of incompetence, delinquent employee, Dismissals, Dismissals for cause, employment law, incompetence, incompetence as just cause, Job performance, job was in jeopardy, just cause, poor performance, reasonable opportunity to improve, summary dismissal, termination, terminations, wilful disobedience
May 1, 2013 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Union Relations,
The recent decision by an Ontario Small Claims Court (Cao v. SBLR LLP) , even though only at the small claims court level and unlikely to set any legal precedent, is nevertheless a reminder to employers and employees alike that we often tend to assume things about the law which are not true, only to be surprised by the facts when an aggrieved employee decides to challenge an employer’s action.
Cao v. SBLR LLP, common law notice, employment contract, employment standards act, fitness for the job, just cause, Notice of termination, Ontario Small Claims Cour, policies and practices dealing with employment contracts, policies and procedures, probationary employees, probationary period, reasonable notice, suitable for the job, terminated "at will", termination, terminations, terms and conditions of employment, the doctrine of "just cause", three months of employment
April 25, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, Union Relations,
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
Alberta Board of Arbitration, breach of trust, Canadian Standards Association, chronic lateness, CSA OHS training standard, CSA Z1001 – Occupational Health and Safety Training, Employee dishonesty, employee termination, employment law, employment relationship, just cause, Labour Law, Occupational Heal and Safety Training, OHS Training, Ongoing tardiness, right to terminate an employee for cause, severance, termination, termination for cause, termination pay, termination with cause, terminations, training obligation, wrongful dismissal
April 22, 2013 Occasional Contributors Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring,
In the wake of the RBC’s temporary foreign worker debacle, and Prime Minister Harper’s temporary foreign worker program reform, what are the implications of outsourcing Canadian jobs in favour of temporary foreign workers? The implications for Canadian workers and recruitment are telling.
employment law, Federal Skilled Worker Program, Foreign workers, hiring temporary foreign workers, HR issues, labour shortages, laid off employees, outsourcing, outsourcing Canadian jobs, outsourcing contract, RBC, recruitment, temporary foreign worker, Temporary Foreign Worker Program, termination, terminations
April 9, 2013 Amery Boyer Employee Relations, Human Resources, Union Relations,
According to its website, the Just Us! Co-op set out in 1995 to become Canada’s first Fair Trade coffee roaster. It was a small, but bold experiment to show that the coffee business, and all businesses, could be done differently, putting People and the Planet before Profits™ locally and globally.
Canadian Labour Congress, Labour Board of Nova Scotia, Labour Law, organizing drive, People and the Planet before Profits, right to unionize, right to unionize be balanced with social responsibility and affordability, social responsibility, termination, terminations, unfair labour practice, union, unionization, unionization drive, wrongful dismissal
March 28, 2013 Yosie Saint-Cyr Employee Relations, Health and Safety, Human Resources, Payroll, Pensions and Benefits, Training and Development,
The three most viewed articles on HRinfodesk this week deal with whether a taxable benefit arises from the reimbursement of the cost of computer equipment, an update on the 2013 Federal Budget and how an employer was on the hook for damages due to a work reprisal.
2013 Federal Budget, cost of computer equipment, CRA External Interpretation Document, employee reimbursement, employee termination, employment law, HRinfodesk, job training, Ontario labor arbitrator, performance of their employment duties, refuse to work, Taxable benefits, taxable employment benefits, terminations, unsafe work conditions, work benefits, work refusal, work reprisal
March 27, 2013 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources, Union Relations,
An employee left work early for an emergency dental appointment without notifying her employer. Should the employee be terminated immediately?
10 personal emergency leave days, advise the employer of the need to take the leave, advising the employer, collective agreement, deemed termination clause, dental emergency, emergency medical situation, employment agreement, employment contract, employment law, employment standards act, family members, injury or medical emergency, Labour Law, leave of absence, leave of absence without pay, Notice, Notice of leave, personal emergency leave, Personal emergency leave provisions, personal illness, regular working hours, Section 50 of the Ontario Employment Standards Act, termination, terminations, union launched a grievance, urgent matter
March 13, 2013 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources,
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.
consensual sexual relationship, Dismissal, employment law, federal court of appeal, his actions caused negligible harm to the employer, inappropriate behaviour, office affair, office romance, progressive discipline, reinstatement, termination, termination with cause, terminations, wrongful dismissal
March 11, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits,
If an employee negotiates a termination package with an employer but does not sign a release, can they successfully claim additional pay in lieu of notice in a court action? Interestingly, the Ontario Superior Court recently held that the answer for one employee in these circumstances was “no”.
absence of a release, additional damages, additional pay in lieu of notice, Bland v Canadian Farm Insurance, damages, Employee does not sign a release, employee negotiates a termination package, Emplyment law, fifteen months of service, Notice of termination, Ontario Superior Court, pay in lieu of notice, release, settlement, terminated without cause, termination, termination package, terminations, wrongful dismissal
March 7, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Privacy and Security, Union Relations,
The three most viewed articles on HRinfodesk this week deal with whether an employer had the right to terminate an employee’s employment without notice , how a government employee alleged discrimination on the basis of disability and the Ontario Labour Relations Board’s decision permitting the use of telematic devices to monitor company vehicles.
Alberta Employment Standards, breach of employment contract, discrimination, discrimination on the basis of disability, duty to accommodate, egregious conduct, employee terminated improperly without notice, employee termination, Employer monitoring, employment contract, employment law, Human rights grievance, legitimate business reasons, Ontario Labour Relations Board, right to privacy, telematics devices, termination, termination without notice, terminations, use of company vehicles, working hours, workplace accommodation, workplace investigation, workplace surveillance
I believe smoking (i.e., nicotine) is recognized as an addiction, as Simon mentions, which would engage the question of discrimination. – Jun 18, 9:40 PM
Even though as a non-smoking employer I support the actions of Momentous Corp, I am surprised they have even attempted to take this position, given... – Jun 17, 5:46 PM
Where in Human Rights does it say that smokers are now protected under one of the grounds and if so which ground are they protected... – Jun 17, 3:28 PM
