First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Dismissal

By | 3 Minutes Read

Sexual assault is by definition serious misconduct

In AG Growth International Inc v Dupont ( 2021 ABQB) Justice Little, sitting on appeal from a decision of the Provincial Court found that the trial judge had made a error of law when he failed to begin his analysis of the actions of the Plaintiff by starting with the premise that a sexual assault is automatically at the high end misconduct.

By | 4 Minutes Read

Wrongful dismissal actions and assessing length of service

In Ontario, employees are presumptively entitled to receive reasonable advance notice of their dismissal from employment, or payment in lieu thereof. To assess what will be “reasonable” in any given circumstance, the courts are guided by a seminal court case from 1960 – Bardal v. Globe & Mail Ltd.

By | 3 Minutes Read

Criminal records check requirement

Can an employer require a worker to complete a criminal records check (CRC) as a condition of employment? Is it a breach of the worker’s human rights if the employer dismisses him for refusing to complete a CRC? What if the employee has a previous criminal conviction?

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