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)
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.
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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