dismissal for cause

Is the termination clause in my employment agreement enforceable?

November 21, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation, 0

In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.

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Can an employer sue an employee for compensation?

September 7, 2018 Rudner Law, Employment / HR Law & Mediation Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The case detailed here does not mean that employers can sue employees for any losses that arise out of their employment. It will be difficult, if not impossible, to obtain compensation for negligent work, or mistakes. However, where there is deliberate misconduct like in this case, remedies are available to the employer beyond dismissal for cause.

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Managing marijuana in the workplace

August 22, 2018 Employer Advisor, McCarthy Tétrault LLP Health and Safety, HR Policies and Procedures, Human Resources

The Tribunal’s helpful statement in this case that an employee does not have an absolute right to use marijuana in the workplace and that it would be unreasonable to expect an employer to formally test an employee to determine the level of impairment before it could raise health and safety concerns should provide employers with some reassurance.

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Ontario court overturns just cause dismissal and awards over $97,000 in damages

April 18, 2018 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

It is acknowledged by the courts that a just cause dismissal in employment law is tantamount to “capital punishment in the criminal justice system.” While just cause dismissal does require that a high threshold first be established, it will, in certain circumstances be an appropriate and necessary response.

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Pokémon GO: A contemporary example of how new technology can impact the workplace

July 19, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR and Technology, HR Policies and Procedures, Human Resources, Privacy and Security, Training and Development

By now you have likely heard of the new gaming phenomenon sweeping the globe: Pokémon GO. For employers, Pokémon GO has provided some great real world examples of how the introduction of a new technology can impact the workforce. Consider the following.

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Dial “D” for dismissal: Employee fired after “pocket-dial”

October 7, 2015 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

Most people have received (or sent) a “pocket-dial”, which is an unintentional cell phone call that is made by a phone when it is in a person’s pocket. In a recent decision from Alberta, an employee’s pocket-dial revealed that he was performing work for his own personal business on company time, leading to his dismissal for cause.

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Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal

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.

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Employer successfully proves dismissal for cause of long-service employee for false sick leave

January 13, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits

It can be very difficult to establish cause for dismissal, particularly when the employee has lengthy service with the employer. However, on the right facts, it is possible to do so. MacBurnie v. Halterm Container Terminal Limited Partnership, 2013 NSSC 361, is a recent example of an employer that successfully proved at trial that it had dismissed an employee for cause.

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Most-viewed articles this week on HRinfodesk

October 10, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The three most viewed articles on HRinfodesk this week deal with an updated version of the 2014 compensation forecast; how the principle of a pay cut without consideration prevails; and the termination of an impaired employee despite mitigating factors.

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Most-viewed articles this week on HRinfodesk

October 18, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

The three most popular HRinfodesk articles this week deal with terminating for cause without cause, employee travel expenses, and a case about dismissal due to Facebook postings.

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Can an employer argue cause when discovered after dismissal?

April 25, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources

An employer decides to dismiss an employee without notice and without legal cause. Subsequent to the dismissal, in reviewing the employee’s work, the employer discovers a number of errors which, if known at the time, would have been sufficient to support a dismissal for cause. Can the employer successfully argue cause in defence of a wrongful dismissal claim? This is a question I have been asked many times by employers, as a review of a dismissed employee’s work after dismissal often reveals significant errors or, in some cases, outright dishonesty.

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