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documentation

By Christina Catenacci, BA, LLB, LLM, PhD | 5 Minutes Read March 26, 2014

The importance of documentation when dealing with a human rights complaint

This human rights case demonstrates the importance of preparing and maintaining proper documentation when interviewing job applicants for a position with the employer. In fact, the notes of the hiring manager in this case highlighted the fact that there were other reasons for not hiring a job applicant—and those notes likely prevented the employer's liability.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Human Rights / age, age discrimination, application forms, discrimination, documentation, duty to accommodate persons with disabilities, employer did not discriminate against the applicant based on age, employer's liability, employment, employment law, hiring, hiring manager, hiring process, Human rights complaint, importance of documentation, interview, job applicant, Job offer, pre-screening process, principle of equal opportunity, principle of non-discrimination, selection process, telephone conversation, The Northwest Territories Human Rights Adjudication Panel

By Christina Catenacci, BA, LLB, LLM, PhD | 3 Minutes Read August 21, 2013

Termination of a probationary employee was neither arbitrary nor discriminatory

The Ontario Superior Court of Justice Divisional Court just quashed the grievance settlement board's decision that a probationary employee's termination was arbitrary and discriminatory and granted the application for judicial review. The evidence was clear that the employer's decision to terminate the probationary employee was neither arbitrary nor discriminatory. In fact, the decision to terminate came after numerous reviews of the employee's work and conversations about performance concerns.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Accessibility Standards, Employee Relations, Employment Standards, Union Relations / canadian employment law, concerns about performance, discrimination, discriminatory, documentation, employment law, grievance settlement, HR Law, important to document any performance issues, Job performance, judicial review, Labour Law, Mental illness, performance issues, performance reviews, probabtionary employee, probationary period, reasons for dismissal, standard of review, termination, Termination of a probationary employee, terminations

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | 4 Minutes Read February 23, 2012

Relying on breach of policy to discipline employees

When an employer seeks to rely on a breach of policy in disciplining an employee, the employer must prove that it clearly communicated the policy to the employee in question and has enforced the policy consistently. The importance of such communication in enforcement of workplace policies was demonstrated in Lambe v. Irving Oil Ltd.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards / breach of policy, business practices, communication, Disciplinary measures, discipline, dishonesty, dismissed without just cause, documentation, Due diligence, employee handbook, employment law, enforcement of workplace policies, informing employee, just cause, Notification, performance reviews, policies and procedures, policy manual, policy was clearly communicated, procedural manual, record keeping, termination, terminations, The Law of Dismissal in Canada, tracking employee work performance, workplace policies, wrongful dismissal

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