First Reference Talks

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

just cause dismissal

By | 4 Minutes Read

Court of appeal finds single incident of touching not wilful misconduct, but just cause for dismissal

In Render v ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal clarified the threshold to establish willful misconduct under the Ontario Employment Standards Act, 2000 and provided guidance on how sexual harassment should be assessed in the workplace. Importantly, the Court found that while a single incident of inappropriate touching did not amount to willful misconduct as it was not preplanned, the employee's dismissal for cause was a proportionate response.

By | 2 Minutes Read

Violating COVID-19 public health guidelines = Just cause

I have received many calls from employers asking what to do if an employee refuses to follow COVID-19 public health guidelines. In one case, an arbitrator upheld the discharge of a unionized employee who did not follow COVID public health guidelines.

By | 4 Minutes Read

Breach of COVID-19 safety procedures justifies dismissal

We are finally starting to see how the first labour and employment cases have grappled with COVID-19 in the workplace. One such decision is Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance) ([2020] O.L.A.A. No. 162)[1], an arbitral award centred on staff working at an airport. The Shoker Grievance stems from a bulletin entitled "Know the Difference: Self -- Monitoring, Self -- Isolation, and Isolation for Covid -- 19 guidelines" (the “Health Bulletin”) which was distributed by Garda to its workers in late March 2020.

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

Main Menu

Stay Connected