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employment lawyer

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read October 4, 2013

Delayed termination of employee sometimes weaken position for just cause dismissal

"We cannot continue to tolerate John's misconduct, and we have decided to dismiss him for cause… once we get through the trade show next month." Famous last words? Well, they will certainly weaken the position that just cause for dismissal existed in the circumstances. If an employer truly believes that they have just cause for dismissal, the employee should not be permitted to continue working, as that is entirely inconsistent with the notion that the employer could not continue to keep the employee on.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / canadian employment law, capital punishment of employment law, decision to terminate, dismiss the employee for cause, dismissing an employee for cause, employment lawyer, employment relationship, fire an employee for cause, HR Law, just cause dismissal, just cause for dismissal, Managing Termination, misconduct, Notice of termination, summary dismissal, suspend the employee with pay while you investigate, termination, terminations

By Stringer LLP | 3 Minutes Read April 24, 2013

Learn the latest! — Dealing effectively with OHS inspectors

The saga of Ontario (Ministry of Labour) v. JR Contracting Property Services, Lootawan and Haniff case has finally come to its conclusion (at least on the merits). Employers would be well-advised to learn from the case how not to engage with Ministry of Labour inspectors in the aftermath of a workplace accident.

Article by Stringer LLP / Employee Relations, Health and Safety / 2013 Ontario Employment Law Conference, accident investigation, aftermath of a workplace accident, Charter, Charter of Rights and Freedoms, Dealing effectively with OHS inspectors, employment law, employment lawyer, high fines and fine surcharges, investigations for the purpose of pursuing charges in court, Lootawan and Haniff, Ministry of Labour inspectors, molesting or interfering with the Inspector, obstructing, occupational health and safety act, OHS inspectors, ontario, Ontario (Ministry of Labour) v. JR Contracting Property Services, reasonable and probable grounds, right to remain silent, routine inspections, Ryan Conlin, Stringer LLP, warrantless search and seizure, Workplace accident

By Earl Altman | 3 Minutes Read January 28, 2013

The misconceptions of suspensions in non-unionized workplaces

Perhaps because of the increased press directed to union conflicts, or perhaps due solely to a misunderstanding of the employment relationship, many HR professionals perceive that they have the right to suspend an employee based on some perceived or actual misconduct by that employee. However, while most union contracts do provide the right of suspension to the employer, there is no similar right available at common law.

Article by Earl Altman / Employee Relations, Employment Standards, Payroll, Union Relations / a period of suspension, common law, constructive dismissal, Disciplinary measures, discipline for misconduct, employee handbook, employer does not have the right to suspend an employee without pay, employment contract, employment lawyer, Employment Policy Manual, employment relationship, Labour Law, non union suspension, Ontario Court of Appeal, recall rights, repudiation of the employment agreement, right of an employer to discipline an employee, right of suspension, right to suspend an employee, suspend with pay, suspension without pay, union conflicts, union contracts, wrongful dismissal

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