Slaw: The boundaries’ of the N-word in employment
Wednesday, January 19th, 2011
Can an employer fire a white employee for using the n-word if it lets black employees say it?
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Posts Tagged ‘terminations’
Firing by email part II: wrongful dismissal implications
Tuesday, January 25th, 2011
Pursuant to my blog post of January 11, 2011 discussing the implications of firing by email when an employee files a complaint under human rights legislation, Is it okay to fire an employee by email? It may depend on what course of legal action your former employee pursues.
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Is it okay to fire an employee by email?
Tuesday, January 11th, 2011
A colleague, and good friend, asked me a very interesting question this week: Is it okay to fire an employee by email?
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Failing to use performance and salary reviews properly
Thursday, January 6th, 2011
In order to be in a position to dismiss an employee for cause, it is critical that the employer have appropriate documentation. However, many managers and supervisors unwittingly place their employers in a weakened legal position by failing to use performance and salary reviews properly.
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Failure to use employment agreements properly
Thursday, December 2nd, 2010
A topic that I address often in presentations and with clients is the failure, on the part of the vast majority of employers in Canada, to use employment agreements properly (if at all). As I have said many times, policies and agreements are the easiest ways for employers to establish the rights and obligations of the parties and avoid having them imposed by common law or other principles.
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Increase in litigation by employers against former employees
Wednesday, November 17th, 2010
In reviewing the cases that come along through the various reporting services, my subjective impression is that there appears to be an increase in litigation by employers against former employees.
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Dealing with an employee’s extended absence due to illness
Tuesday, November 16th, 2010
Employers are often faced with the prospect of dealing with an employee who is required to be absent from work for an extended period of time due to an illness. Employers must tread a fine line in determining when the employee is able to return to work and on what basis.
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Slaw: Employees fired for Facebook comments
Friday, November 12th, 2010
The British Columbia Labour Relations Board recently upheld the firing of two employees by a car dealership over comments they posted on Facebook about their employer. The lawyer for the employer stated that he believes this is the first Facebook firing case to be heard in Canada.
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Employers’ strategic use of employees’ duty to mitigate
Thursday, October 7th, 2010
Mitigation of damages in the context of a wrongful dismissal claim is one of those concepts that is often referred to but not well understood.
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Evidence: employer vs. employee
Tuesday, September 14th, 2010
When providing evidence, your credibility is judged by how consistent your story is with common sense…
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Don’t push the employees – Court of Appeal deals with damages in a wrongful dismissal claim
Tuesday, September 7th, 2010
The scope of damages available in wrongful dismissal claims has been steadily widening over the past decade. However, in a decision of the Ontario Court of Appeal, released on May 28, 2010, the Court reversed this trend by rejecting tort liability of an employer for intentional infliction of mental suffering arising from a dismissal.
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Update on damages arising out of bad faith in the course of dismissal: Soost vs. Merrill Lynch Canada Inc.
Wednesday, September 1st, 2010
The Court of Appeal in Alberta has just ruled that there was no basis to award “The Damages Formerly Known as Wallace” in Soost v. Merrill Lynch Canada Inc., dramatically reducing the value of the award.
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Cause for dismissal
Wednesday, May 26th, 2010
Just how far does an employee have to go for their behaviour to constitute cause for dismissal in employment law? The advice I generally give is that, short of outright dishonesty or criminal conduct, it is extremely difficult to prove cause.
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Terminating an employee with a disability (Part II)
Monday, April 12th, 2010
Is it possible to terminate an employee who suffers from a disability and not commit a human rights violation? I recently read a case that made it clear that employers can do so when there is a justifiable reason to terminate not involving the disability, or after all efforts to accommodate the employee have been exhausted. But employers must be able to show this with evidence.
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