misconduct
March 9, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.
aggravated damage award, bad faith, Disciplinary measures, disobedient, employment contract, employment law, just cause, Labour Law, mental distress, misconduct, progressive discipline, reasonable notice, termination, terminations, wrongful dismissal
September 8, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
In a decision handed down April 27, 2015, the British Columbia Court of Appeal ordered a new trial. In particular, the court found that the trial judge had misapprehended the evidence and CIBC’s legal arguments, such that the trial judge’s overall conclusion could not stand.
aggravated and punitive damages, breach of the final warning, British Columbia Court of Appeal, CIBC’s Code of Conduct, discipline, Employee Obligations, employment law, flawed investigation, investigations, just cause, litigation, misconduct, policies and procedures, termination, violations of policies
September 3, 2015 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, Privacy and Security, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with a breach of trust in an employment relationship; accommodating addiction problem; and a constructive dismissal claim.
accommodating addiction problem, breach of trust in an employment relationship, constructive dismissal claim, duty to accommodate, employee misconduct, employment contract, employment law, HRinfodesk, misconduct, termination for cause
July 31, 2015 Christina Catenacci HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations
A recent Ontario Grievance Settlement Board case highlights the point that, even where employees are long-term and have a clean service record, they can still be subject to serious discipline if the circumstances are right.
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January 19, 2015 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations
I am often asked what it takes to prove that summary dismissal is warranted. Can a single incident of misconduct be sufficient? What about a series of less serious incidents?
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October 3, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Union Relations
Investigations have become an integral part of HR and employment law, and an employee’s conduct in the course of an investigation can be the difference between summary dismissal and some lesser form of punishment.
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July 14, 2014 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Union Relations
A recent arbitrator’s decision concerned the enforceability of a pre-treatment agreement allowing an employer to terminate a unionized employee if he failed to abstain from the consumption of alcohol.
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July 8, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
At times, employers despair at the perceived narrowing of the requirements of just cause for termination. With many adjudicators focused on progressive discipline, summarily dismissing an employee, even for serious misconduct, requires caution and often a well-researched legal opinion.
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December 6, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
The law of employment, like every area, is always evolving. This often works to the consternation of both employers and employees, who would like to have a sense of certainty regarding their rights and obligations. While it may sound self-serving, the ongoing evolution of the law is another reason why it is important to work with an employment lawyer on a regular basis, rather than consult once and assume that the law is the same a decade later. The cases below also serve as reminders of the unpredictability of the law.
2000, absence of a contractual agreement, allegations of misconduct, amount of notice or pay in lieu, an employer is entitled to dismiss an employee at any time, canadian employment law, common law right to temporarily lay an employee off, constructive dismissal, dismissing an employee without cause, employment law, employment standards act, investigation, law of employment, misconduct, Rudner MacDonald LLP, Stuart E. Rudner, temporary layoff, temporary layoffs, termination, terminations
November 1, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
One aspect of the law relating to termination of employment that has developed in recent years is the obligation of an employer to fairly and thoroughly investigate alleged misconduct before taking disciplinary action. Several decisions over the past few years have made it clear that if an employer fails to investigate, or fails to investigate properly, before dismissing an employee for cause, they are likely to face damages for wrongful dismissal, as well as extraordinary damages relating to the matter of dismissal and the impact on the employee.
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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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September 25, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
Recently, a Mr. Lube employee tweeted a request for some marijuana to help him get through his shift. This may have gone unnoticed by the media, but it came to the attention of the York Regional Police, who used their Twitter account to respond by asking, “Can we come too?” Presumably, his employers were asking a different question: “Can we fire him?”
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July 25, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with the duty to mitigate; how the employer’s failure to ask an employee about questionable expenses prior to termination means no just cause; and how an employer and manager were both liable for human rights violation against a pregnant employee.
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July 24, 2013 Clear Path Employer Services Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Recruiting and Hiring
The CBS reality show Big Brother recently made headlines when two of its female contestants were fired from their jobs back home due to racist and homophobic comments made towards fellow contestants. Because the contestants have no contact with the outside world while on the show, neither person is aware that they have been fired or that their workplaces have spoken to the media about their terminations.
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March 18, 2013 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
The Yukon Human Rights Board of Adjudication just found that a teenaged employee was sexually harassed by her employer with persistent unwelcome sexual conduct. This finding was underscored by the power imbalance, age difference and generational communication issues present. That said, the harassment was considered to be at the most mild end of the spectrum of sexual harassment.
age difference and generational communication issues present, communications, conduct and behaviour, dress codes, employee policies, employee's perception of the relationship that was central, Employer sexually harassed employee, employer-employee relationship, employment law, harassment, left her employment as a result of the behaviour, misconduct, no formal schedules, power imbalance, questionable emails, questionable texts and other interactions, sexual assault, sexual harassment, sexually harassed, social communication, unwelcome sexual conduct, work environment, Yukon Human Rights Board of Adjudication
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
Big brother contestants – rightfully terminated?
July 24, 2013 Clear Path Employer Services Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Recruiting and Hiring
The CBS reality show Big Brother recently made headlines when two of its female contestants were fired from their jobs back home due to racist and homophobic comments made towards fellow contestants. Because the contestants have no contact with the outside world while on the show, neither person is aware that they have been fired or that their workplaces have spoken to the media about their terminations.
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