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Archives for July 2013

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read July 25, 2013

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the duty to mitigate; how the employer's failure to ask an employee about questionable expenses prior to termination means no just cause; and how an employer and manager were both liable for human rights violation against a pregnant employee.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Human Rights, Payroll / Business expenses, canadian employment law, discrimination, duty to mitigate, employment law, human rights tribunal, human rights violation, just cause, misconduct, pregnancy, pregnant employee, questionable expenses, terminated without notice, termination, terminations, workplace behaviour

By Clear Path Employer Services | 5 Minutes Read July 24, 2013

Big brother contestants – rightfully terminated?

The CBS reality show Big Brother recently made headlines when two of its female contestants were fired from their jobs back home due to racist and homophobic comments made towards fellow contestants. Because the contestants have no contact with the outside world while on the show, neither person is aware that they have been fired or that their workplaces have spoken to the media about their terminations.

Article by Clear Path Employer Services / Employee Relations, Employment Standards, Human Rights / anna aceto-guerin, big brother, big brother contestants, big brother contestants fired, big brother contestants rightfully terminated, can an ontario employer terminate someone for behaviour outside of the workplace?, canadian employment law, Clear Path, clear path employer services, conduct outside the workplace, dismissal with cause, dismissal without cause, employee discipline, employer reputation, employment law, employment-at-will, fire-at-will, grounds for termination, misconduct, Ontario employer, progressive discipline, racial and homophobic comments, racial comments, termination, terminations, wrongful dismissal

By Earl Altman | 4 Minutes Read July 23, 2013

Proving cause remains an up-hill battle

A recent decision of the Ontario Court of Appeal, confirming a trial decision, once again demonstrates the difficulty employers will face in satisfying courts in this province that there was cause for dismissal.

Article by Earl Altman / Employee Relations, Employment Standards, Health and Safety, Payroll / address performance issues, appropriate amount of notice, breach of the safety rules, canadian employment law, Cardinal Rules, cause for dismissal, comprehensive safety program, discipline, employee investigating the incident, employee misconduct, employment law, entitlement to notice, failing to report the incident, failure to report the error, incident, investigations of the allegations, machinery had to be locked out, obvious hazard to the workers, pay in lieu of notice, policies and procedures, Proving cause, Reporting of workplace accident, safety rules, summary dismissal, termination, terminations, unenforced safety rules, violation of the company’s safety rules, willful misconduct, Workplace accident, workplace investigation

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