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reasons for dismissal

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read March 7, 2014

Employers may be able to rely upon after-acquired cause

Although I have been known to reassure employers that "just cause is not a lost cause", it is fair to say that the threshold for establishing that summary dismissal is warranted is a difficult one to meet in most circumstances. One question that often arises is what an employer is to do when they only learned of reasons for dismissal after the dismissal has already taken place. This can occur in situations where an employee was dismissed on a without cause basis, or in situations where the termination was for cause. Either way, the issue is what an employer can do with subsequently obtained information, which is typically referred to as "after-acquired cause".

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / after acquired cause, employment law, evidence of misconduct, just cause, just cause for dismissal, post-termination conduct, reasons for dismissal, summary dismissal, termination, termination without cause, terminations, wrongful dismissal

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read November 1, 2013

Duty to fairly and thoroughly investigate alleged misconduct before taking disciplinary action

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.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Human Rights, Payroll / discipline, dismiss an employee without cause, dismissal is on a without cause basis, employee is guilty of misconduct, employee is guilty of wrongdoing, employment law, employment relationship, entitlement to notice of dismissal, investigate before dismissing the employee, investigation process, jurisprudence, litigation process, misconduct, mitigating circumstance, non-unionized context, Notice of termination, pay in lieu, protected grounds pursuant to Human Rights legislation, reasons for dismissal, right to terminate the employment relationship, wrongful dismissal

By Christina Catenacci, BA, LLB, LLM, PhD | 3 Minutes Read August 21, 2013

Termination of a probationary employee was neither arbitrary nor discriminatory

The Ontario Superior Court of Justice Divisional Court just quashed the grievance settlement board's decision that a probationary employee's termination was arbitrary and discriminatory and granted the application for judicial review. The evidence was clear that the employer's decision to terminate the probationary employee was neither arbitrary nor discriminatory. In fact, the decision to terminate came after numerous reviews of the employee's work and conversations about performance concerns.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Accessibility Standards, Employee Relations, Employment Standards, Union Relations / canadian employment law, concerns about performance, discrimination, discriminatory, documentation, employment law, grievance settlement, HR Law, important to document any performance issues, Job performance, judicial review, Labour Law, Mental illness, performance issues, performance reviews, probabtionary employee, probationary period, reasons for dismissal, standard of review, termination, Termination of a probationary employee, terminations

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