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Most-viewed articles this week on HRinfodesk

Employee’s dishonesty and breach of confidentiality during a workplace investigation leads to cause termination

In a recent Federal Court decision, (Bank of Montreal v. Payne), an employee’s dismissal was upheld due to his dishonesty during and after a workplace investigation. (In PDF)

Treating employee negatively due to disability

When an employer neglected to reinstate an injured employee’s benefits after she returned to work, and refused to explain to her its reasons, the employee felt that the employer was treating her differently because of her injury and her long absence. She took her complaint of discrimination to the Human Rights Tribunal of Ontario, and the employer continued to ignore the case, except for two brief submissions. The tribunal ruled in the employee’s favour in the employer’s absence.

Settlement characterized as a retiring allowance

The vice-chair of the Ontario Human Rights Tribunal just concluded that the severance payment negotiated by a former employee and the employer appeared to be for the loss of her earnings in the period following her involuntary retirement. To that end, the settlement money was to be characterized as a retiring allowance. This meant that the employer was right when it withheld 30 percent of the settlement payment as tax.

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Yosie Saint-Cyr, LL.B. Managing Editor

Managing Editor at First Reference Inc.
Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 18 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more
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