discipline
October 25, 2018 Ava Z Moradi, JD Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development
Does an employee have any rights when terminated within the probation period (of 3 months)? This was done after a performance improvement plan was created with warning to employee. The worker was also paid off for 8 weeks with no notice of termination.
discipline, employment law, probationary period, termination
December 2, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
I have often discussed the need for warnings in the context of summary dismissal. While some situations will justify dismissal based upon a single incident, in many cases our courts and arbitrators will require progressive discipline. Whatever the steps may be, it is critical that the messaging to the subject employee be clear: the conduct or behavior is unacceptable, and further instances will lead to discipline, which can include termination for cause.
Absenteeism, discipline, Dismissal, employment law, innocent absenteeism, progressive discipline, summary dismissal, termination for cause
November 13, 2015 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Union Relations
In Canadian Union of Public Employees, Local 1716 v. British Columbia Assessment Authority, the union filed a policy grievance after a new management policy was put in place in the Kelowna office of the British Columbia Assessment Authority. The new policy banned the wearing of blue jeans or shorts in the office by all employees on days that they were not in the field in settings where jeans were appropriate, for example on farm locations.
collective agreement, discipline, dress code, employee dress and appearance, employer’s legitimate business interest, employment law, management policy, policy grievance
September 8, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
In a decision handed down April 27, 2015, the British Columbia Court of Appeal ordered a new trial. In particular, the court found that the trial judge had misapprehended the evidence and CIBC’s legal arguments, such that the trial judge’s overall conclusion could not stand.
aggravated and punitive damages, breach of the final warning, British Columbia Court of Appeal, CIBC’s Code of Conduct, discipline, Employee Obligations, employment law, flawed investigation, investigations, just cause, litigation, misconduct, policies and procedures, termination, violations of policies
June 11, 2015 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
A legal aid lawyer in Newfoundland and Labrador knew his rights when he was suspended indefinitely pending an investigation into alleged negligence, incompetence and dishonesty…
constructively dismissed, Disciplinary measures, discipline, employment law, incompetence, just cause, management of Legal Aid, suspended indefinitely pending an investigation, suspension, terminated for cause, termination, terminations, wrongful termination
June 9, 2015 Devry Smith Frank LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Union Relations
In a recent decision in an Ontario labour arbitration, at issue was a fight that broke out amongst a few employees. The employer terminated all of those employees that were involved in the fight citing that they had violated the company policy by participating in such aggressive behaviour.
Blanket punishment, company policy, Corrective measures, Disciplinary measures, discipline, employment law, Labour Law, let the punishment fit the crime, Ontario labour arbitration, workplace policies, workplace violence
March 9, 2015 Adam Gorley Accessibility Standards, Announcements and Administration, Conferences, Human Resources, Payroll
Early Bird Registration Now Open: 16th Annual Employment Law Conference. Come and learn the latest!
accessibility compliance, Accessibility for Ontarians with Disabilities Act, AODA, Bill 18, directors' liability, discipline, duty to accommodate, employment law, Employment law conference, employment law update, employment standards, employment standards act, hidden disabilities, HR conferences, HR Law, labour relations, Leaves of absence, mental health disabilities, OH&S, older workers, Ontario Employment Law Conference, self-audits, Stringer LLP, terminations, transgender, transsexual
January 19, 2015 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations
I am often asked what it takes to prove that summary dismissal is warranted. Can a single incident of misconduct be sufficient? What about a series of less serious incidents?
behaviour fell below any reasonable standard of conduct, canadian employment law, cumulative just cause, disciplinary incident, discipline, dismissal letter, employment law, fired for a series of relatively minor transgressions, insubordination, just cause for dismissal, misconduct, performance and conduct, poor performance, summary dismissal, termination
January 15, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with employee termination, duty to accommodate and the consequences of inappropriate tweets.
cardinal violation of the employer's safety rules, discipline, employment law, safety violation, social media, termination, termination for cause, wrongful dismissal
December 11, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with the 2015 TD1 Ontario Personal Tax Credits Return; a case dealing with a physical altercation between employees; and when an ESA decision just isn’t enough.
2015 TD1 Ontario Personal Tax Credits Return, common law notice, discipline, employee provincial tax deductions, employment standards act, ESA decision, HRinfodesk, human rights tribunal, physical altercation with another co-worker, progressive discipline, reasonable notice, termination was excessive in the circumstances
October 2, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation
Three popular articles this week on HRinfodesk deal with a violation of a last chance agreement; discrimination during the selection process; and, demotion and constructive dismissal.
awarded substantial damages, communications with a job applicant, constructive dismissal, demotion, Disciplinary measures, discipline, discrimination, duty to accommodate, employment law, HRinfodesk, last-chance agreement, Newsletter, Ontario Human Rights Tribunal, racism, resignation, selection process, termination, terminations, workplace investigation
September 4, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring, Training and Development, Union Relations
Human resources experts agree that employees appreciate knowing your expectations about how they should dress for work-if they exist. However, some managers and employers disagree with dress codes. One of our subscribers wondered what our readers think, so in a recent HRinfodesk poll, we asked, Do you agree that workplaces should have a dress code?
appropriate business-casual attire, discipline, discrimination, Do you agree that workplaces should have a dress code?, dress code, dress code must be reasonable, dress code policy, dress for work, duty to accommodate, employee's appearance, employers can regulate dress code, employment law, HRinfodesk Poll, Non-compliance with the dress code, policies and procedures, prohibiting dress that detracts from their corporate image, prohibiting dress that offends customers
July 25, 2014 Adam Gorley Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Union Relations
The names of people involved in labour arbitration should be disclosed with the arbitrator’s decisions, unless there are compelling reasons not to do so, according to the open-court principle and the public’s interest. The British Columbia Labour Relations Board affirmed the law in a recent review of an arbitrator’s decision. The board also affirmed arbitrators’ […]
addiction disability, addictions, anonymized by using only initials, British Columbia Labour Relations Board, Charter values, Disability, discipline, discretion to disclose or withhold personal information, employment law, grievors' and witnesses' names should not be published, human rights, human rights code, Internet, labour arbitration, Labour Law, Labour Relations Code, mental health, mental health issue, misuse of personal information, new technological innovations, Non-publication of names in awards, Ontario human rights commission, open-court principle and the public’s interest, personal information, Personal Information Protection Act, policy, privacy spectrum, psychiatric disability, quasi-constitutional in nature, substance abuse, substance dependenc, traditional custom of publicizing the names of grievors and witnesses, union grieved the punishment, unionized employee
July 24, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Wages and Compensation
Three popular articles this week on HRinfodesk deal with a discipline process instead of termination; accommodating a probationary employee; and employer-provided vehicles.
accommodate a probationary employee, Damage to employer property, Disability, discipline, discipline process, discrimination, duty to accommodate, employee's action warranted termination, Employer-provided vehicles, employment law, Newsletter, probationary employees, Taxable benefits, termination for cause, two-week suspension, workplace accommodation
July 15, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations
Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.
Canadian Union of Skilled Workers v. Hydro One Inc., construction industry grievance, disciplinary record, discipline, dismissal for cause, employee’s use of profanity, employment law, grievance, Labour Law, management, medical leave from the workplace, Ontario Labour Relations Board, parental leave, profane language, proper disciplinary penalty, reinstatement, suspension, termination, termination for cause, terminations, threats against their managers or coworkers, union
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
