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dishonesty

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read September 25, 2013

Balancing just cause for dismissal and accommodation

Recently, a Mr. Lube employee tweeted a request for some marijuana to help him get through his shift. This may have gone unnoticed by the media, but it came to the attention of the York Regional Police, who used their Twitter account to respond by asking, “Can we come too?” Presumably, his employers were asking a different question: “Can we fire him?”

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Human Rights, Payroll / addiction, canadian employment law, capital punishment of employment law, Disability, discipline, dishonesty, duty to accommodate, employee’s deceitful conduct, employment contract, employment law, employment relationship, HR Law, just cause, just cause for dismissal, just cause for dismissal and accommodation, marijuana, misconduct, poor performance, recreational drug, Supreme Court of Canada, termination, terminations, the nature and degree of the dishonesty warranted dismissal, the need for accommodation, work relationship

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | 2 Minutes Read May 16, 2013

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Human Rights, Payroll / Adverse treatment, Disability, discrimination, dishonesty, dismissing for just cause, duty to accommodate, employee’s dismissal, employment law, human rights tribunal, involuntary retirement, just cause, leave of absence, long absence, Pensions and Benefits, retiring allowance, Return to work, settlement, severance payment, tax withholding, termination, terminations, Treating employee negatively, workplace investigation

By Earl Altman | 5 Minutes Read November 28, 2012

Employers ask: what conduct by an employee constitutes cause for dismissal

I am frequently asked by employer clients to describe what type of conduct by an employee will be held by the courts to qualify as cause for dismissal. Employers are often frustrated by the answer they receive – that it seems that nothing less than stealing money from the company will suffice. In the case of long time employees without prior instances of misconduct, theft may still be insufficient. A recent decision of the Ontario Superior Court has fortunately clarified the circumstances in which courts will find cause for dismissal as a result of dishonesty. What is striking about the decision is the reliance of the judge on a seemingly insignificant act committed by a nineteen year employee.

Article by Earl Altman / Employee Relations, Employment Standards, Payroll / benefits package, cause for dismissal, claims for medical expenses, Dependant coverage, dishonesty, employee conduct and behaviour, employee handbook, employment law, falsification of company records, falsified a claim, fictitious beneficiary under the policy, group insurance, instances of misconduct, payment in lieu of notice, policies and procedures, policy manual, reasonable termination notice, termination, termination notice, terminations, theft, wrongful dismissal

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