just cause dismissal

When worlds collide – The evolution of employment law principles in the termination of independent contractor relationships

January 20, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.

breach of contract, contract law principles, employment contract, employment law, employment law principles, independent contractor, just cause dismissal, repudiation of the employment contract, termination

Wrongful dismissal update: Alleging just cause is a legal minefield

November 12, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

employment contract, employment law, just cause dismissal, Termination clause, Wallace damages, wrongful dismissal

Three popular articles this week on HRinfodesk

October 31, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with employer responsibilities to employees when a business closes, the employer’s duty to accommodate alcoholism and the 2019-2020 payroll rates.

2020 payroll rates, accommodation, duty to accommodate, employment law, just cause dismissal

Progressive discipline leads to termination for cause for poor performance

October 21, 2019 Barry B. Fisher LL.B. Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

I sometimes hear lawyers tell the clients that upholding just cause for poor performance is almost impossible. Not so if the employer does it right.

employment law, just cause dismissal, poor performance, progressive discipline process, termination for poor performance, termination with cause

Three popular articles this week on HRinfodesk

August 23, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring

The three popular articles this week on HRinfodesk deal with a case in which the BC Supreme Court found that an employee’s secret pay raise and bonus warranted his summary dismissal, a study that found the economic benefits of hiring and accommodating workers with mental illnesses outweigh the costs, and the Ontario Cannabis Act.

accommodating mental illness, BC Supreme Court, Bohmer v Burns Lake Native Logging, employment law, inclusive workplace culture, just cause dismissal, mental health in the workplace, Mental illness, occupational health and safety, Ontario Cannabis Store, recreational cannabis, recreational marijuana, termination for cause

Q&A: Laying out progressive discipline in the employment contract

August 16, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Training and Development

Does progressive discipline need to be expressly written into the employment contract? If yes, do all steps need to be laid out in writing? Or is it on a case-by-case basis?

Discipline policy, employment contract, employment law, just cause dismissal, progressive discipline, suspension, termination

Just Cause – Workplace policies remain an important consideration in judicial decision making

August 14, 2018 Devan Marr Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development

Several factors worked against the employer in this case of just cause termination, but most significantly was the lack of robust written policies and procedures on discipline and proper employee training on harassment.

employee training, harassment, just cause dismissal, Just cause termination, sexual harassment, termination, workplace policies

Is drinking at work just cause for termination?

April 30, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources

Just cause is the death penalty in employment law. Accordingly, in case of drinking at work, just cause can only be justified where the drinking at work causes grave concern.

drinking at work, employment law, intoxicated while at work, just cause dismissal, termination, “zero-tolerance” policy

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.

Dismissal, dismissal for cause, employee suspension, employment law, just cause dismissal, termination, wrongful dismissal

Three popular articles this week on HRinfodesk

April 20, 2017 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: whether an amount paid to a taxpayer on retirement qualifies as a retiring allowance; whether criminal charges alone for off-duty conduct is enough for just cause dismissal; when moral damages are to be awarded in a wrongful dismissal case.

employment law, just cause dismissal, moral damages, off-duty conduct, retirement, retiring allowance, wrongful dismissal

Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal

September 15, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

A 62 year old Mississauga teacher with 10 years of service experienced the joy of winning a huge damage award in the face of allegations of just cause at trial only to have the trial decision squarely overruled by a majority of the Ontario Court of Appeal with significant cost consequences to account for. While the Ontario Court of Appeal often gives Trial Judges significant deference in their decisions, the Court of Appeal found that the Trial Judge misapplied the facts to the proper law on just cause dismissal and overruled the entire decision and awarded the employer significant costs on both the trial and appeal.

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Delayed termination of employee sometimes weaken position for just cause dismissal

October 4, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

“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.

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