suspension

What is undue hardship?

October 19, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

The right to accommodation at work in Canada is not absolute. Employers only have an obligation to accommodate disabled employees up to undue hardship and can therefore terminate or suspend disabled employees if the employee cannot be accommodated.

accommodation of a disability, employment law, suspension, termination, undue hardship

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

Even long-term employees with a clean record can be handed a lengthy suspension when it is warranted

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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Just cause ‘exaggerated, incorrect and unsubstantiated’

June 11, 2015 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

A legal aid lawyer in Newfoundland and Labrador knew his rights when he was suspended indefinitely pending an investigation into alleged negligence, incompetence and dishonesty…

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Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal

July 15, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations

Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.

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Most-viewed articles this week on HRinfodesk

November 15, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The three most popular HRinfodesk articles this week deal with T2200 forms, penalizing employees, and 2013 rates for RRSP limits, YMPE limits, DPSP limits, Money Purchase limits, and Defined benefits limits.

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Most-viewed articles this week on HRinfodesk

September 13, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

The three most viewed articles in this week HRinfodesk newsletter deals with salary projections for 2013, taxability of fitness memberships and discipline linked to terminations.

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No proportionality, no cause for termination

March 29, 2012 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources

Manitoba’s Court of Queen’s Bench recently confirmed that a termination for cause was inappropriate, given that it was not proportional to the employee’s conduct. As a result, the employer had to pay 12 months’ severance as set out in the employment agreement regarding a termination without cause.

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Another case of school employee working in sex trade – this time, teacher did not lose job

September 9, 2011 Christina Catenacci Employee Relations, Human Resources

Remember the case where a Quebec school board terminated an office assistant because she was a porn video star on the side? She was terminated because her off-duty conduct was inconsistent with the school board’s mission and the values the board wished to convey to students. Well, here’s another case where a sex-ed teacher who also worked as a stripper and porn actor was allowed to keep teaching! What was the difference in this case?

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High school office assistant by day, porn video star by night – she was terminated

April 13, 2011 Christina Catenacci Employment/Labour Standards, Human Resources

I recently told you about the high school office assistant who was suspended with pay for making porn movies on the side—well, the school board has decided to terminate her employment.

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