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wilful misconduct

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with an independent medical examination; wilful misconduct; and, 27 months of common law reasonable notice.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with wilful misconduct; family status and eldercare; and, criminal negligence causing death under OHSA.

 

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Most-viewed articles this month on HRinfodesk

Beware of terminating long-term employees without proper notice The Ontario Superior Court of Justice decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs awards. Entitlement to paid sick leave and termination pay denied The […]

 

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Working notice: destined to fail?

I always advise clients to consider their options when they must dismiss an individual (assuming it is without cause). Rather than automatically offering a package, and paying the employee not to work, I encourage our clients to consider whether a period of working notice could be viable. By doing so, at least they would get some value for their money. However, I often think back to a comment made by Mr. Justice Donnelly of the Ontario Superior Court of Justice, who, in the course of considering a wrongful dismissal claim, opined that “[w]orking notice is an institution almost invariably predestined to fail.”

 

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Misconduct amounted to just cause but did not disallow termination notice

A recent Ontario case dealt with an employee’s misconduct that clearly amounted to just cause for termination; however, the employee was still entitled to termination pay.

 

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