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summary dismissal

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read December 2, 2016

The need for clear warning before dismissal

I have often discussed the need for warnings in the context of summary dismissal. While some situations will justify dismissal based upon a single incident, in many cases our courts and arbitrators will require progressive discipline. Whatever the steps may be, it is critical that the messaging to the subject employee be clear: the conduct or behavior is unacceptable, and further instances will lead to discipline, which can include termination for cause.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll, Union Relations / Absenteeism, discipline, Dismissal, employment law, innocent absenteeism, progressive discipline, summary dismissal, termination for cause

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read September 2, 2016

Little judicial tolerance for zero tolerance policies

Employers often adopt zero tolerance policies and assume that doing so will give them the right to immediately fire someone for a breach. These are often used for transgressions that are considered particularly egregious, such as harassment. Although we consistently advise employers to address misconduct such as harassment and make it clear that such behaviour is unacceptable, the reality is that courts will not be bound by zero tolerance policies and will conduct their own assessment of whether summary dismissal is warranted. Saying that “we have a zero tolerance policy” will not be the end of the story.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll, Union Relations / address employee misconduct, dismissal using contextual approach, employment law, justify summary dismissal, Laws v. London Chronicle, McKinley v. BC Tel, R. v. Arthurs, summary dismissal, Turner v. Mason, workplace policies, “zero-tolerance” policy

By Stringer LLP | 3 Minutes Read January 7, 2016

Jumping to conclusions proves costly for employer

A recent decision from the Ontario Superior Court is a reminder to employers that dismissal for just cause must be based on solid ground. Relying on vague acts of misconduct will not suffice, and policies must be properly implemented and consistently enforced.

Article by Stringer LLP / Employee Relations, Employment Standards, Human Rights, Payroll / acts of misconduct, allegations of consumption of alcohol during working hours, dismissal for just cause, drink during working hours, driving a company vehicle while impaired, employment law, intoxicated while at work, summary dismissal, termination with cause, under the influence of alcohol while at work, zero-tolerance for alcohol policy

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