Managing Difficult Terminations

What is the impact of mental health issues on the duty to mitigate

February 19, 2014 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

It has often been said that termination from employment is the capital punishment of employment law. While perhaps too extreme an analogy, there is no doubt that termination is an emotionally draining experience. The courts have grappled with the issue of plaintiffs in a wrongful dismissal claim who argue that the emotional upheaval of their dismissal resulted in an inability to look for replacement work for a period of time.

actively searching for work, appropriate period of notice, capital punishment, duty to mitigate, employee’s ability to find a replacement job., employee’s emotional distress, employment law, failure to mitigate, Managing Difficult Terminations, mental distress, mental health issues, termination, termination from employment, terminations, wrongful dismissal

The dangers of drinking at work- how employers can avoid disaster

November 19, 2013 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

Most people would agree that it is not a good idea for an employee to drink or be impaired at work. The potential consequences of this kind of behaviour can be disastrous. This blog post addresses five issues related to drinking in the workplace.

alcohol testing, Can an employer test an employee for alcohol consumption?, Company social event, dangers of drinking at work, Disability, Disciplinary measures, drinking in the workplace, duty to accommodate, just cause for termination, Managing Difficult Terminations, measure impairment, Ontario human rights commission, Policy on Drug and Alcohol testing, safety-sensitive position, sexual harassment, terminations, terms and conditions of employment, What kind of liability can an employer incur if an employee drinks and drives?

Most-viewed articles this week on HRinfodesk

August 22, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

The three most viewed articles on HRinfodesk this week deal with the duty to accommodate, the termination of a probationary employee and managing employee illnesses.

canadian employment law, discrimination, Employee faked illness, Employee illness, employment law, HR Law, Managing Difficult Terminations, poor performance, probationary employee, termination, terminations, workplace accommodations

Slaw: Employee terminated for theft still entitled to bonus

May 10, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

The Ontario Court of Appeal recently confirmed that when an employee was terminated for stealing from his employer, he was still entitled to his annual bonus because it was clearly an integral part of his contract, even if he had breached his fiduciary duty.

breach of fiduciary duty, employee theft, employment contract, employment law, fiduciary duties, Managing Difficult Terminations, Ontario Court of Appeal, terminations

Managing difficult terminations – Learn the latest

May 4, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Conferences, Employment/Labour Standards, Human Resources

When it comes to employee termination, it is important to follow standardized procedures and to establish this process well before the need to fire an employee presents itself. Unfortunately…

downsizing, employee termination, employment law, First reference, just cause, liability, Managing Difficult Terminations, manner of termination, standardized procedures, Stringer Brisbin Humphrey, terminating for poor performance, Termination process, wrongful termination

Join us at the 12th Annual Employment Law Conference

April 28, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Conferences, Human Resources

Join us at the 12th Annual, Ontario Employment Law Conference, on June 15, 2011 at the Mississauga Convention Centre. This event is hosted by First Reference, with presentations by the lawyers at Stringer Brisbin Humphrey, experts in the areas of employment and labour law.

Accessibility for Ontarians with Disabilities Act, AODA, Bill 168 – A Year in Review, employment law, Employment Standards Update, First reference, Internet Abuse in the Workplace, Labour Law, Managing Difficult Terminations, ontario, Ontario Employment Law Conference, social networking, Stringer Brisbin Humphrey, undue hardship, Workplace issues, wsib