The three popular articles this week on HRinfodesk deal with: a case where an employee was given the ultimatum to take a demotion or go; a case where an employee used the OHSA's work refusal provisions to avoid work assignments he did not like; and an inquiry of whether an employer confers a benefit to an employee by paying premiums with respect to an employee assistance program.
A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.
What is an employer to do when it discovers that one of their employees has been arrested? In many cases, the employer's knee-jerk reaction will be to dismiss the employee, particularly where the charges relate to more unsavoury conduct. However, the law is clear that like most off-duty conduct, being charged with a criminal offence will not, in and of itself, be just cause for dismissal.