termination for cause
August 23, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring
The three popular articles this week on HRinfodesk deal with a case in which the BC Supreme Court found that an employee’s secret pay raise and bonus warranted his summary dismissal, a study that found the economic benefits of hiring and accommodating workers with mental illnesses outweigh the costs, and the Ontario Cannabis Act.
accommodating mental illness, BC Supreme Court, Bohmer v Burns Lake Native Logging, employment law, inclusive workplace culture, just cause dismissal, mental health in the workplace, Mental illness, occupational health and safety, Ontario Cannabis Store, recreational cannabis, recreational marijuana, termination for cause
June 28, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations
The three popular articles this week on HRinfodesk deal with an Ontario labour arbitration decision in which the arbitrator ruled personal emergency leave entitlement is in addition to any floater days allowed under a collective agreement, a recent HRTO decision which held there is no absolute right to use medical marijuana in the workplace, and a recent survey that found job seekers, while enticed by work from home options, are also aware of the pitfalls.
accommodation of a disability, drug use in the workplace, employment law, employment standards act, ESA, flexible paid time off, floater days, greater benefit, health and safety, hrto, Human Resources, human rights code, Human Rights Tribunal of Ontario, medical marijuana, medical marijuana in the workplace, PEL, personal emergency leave, Robert Half survey, telecommuting, termination for cause, work from home, working from home, working remotely, “zero-tolerance” policy
January 3, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, Uncategorized
A recent decision from the Manitoba Court of Queen’s Bench supports that an employee’s use of his work phone to secretly record meetings with management may support an employer’s decision to terminate for just cause.
anti-harassment policies, breach of confidentiality, employee complaints, employment law, harassment, harassment in the workplace, just cause for dismissal, privacy, termination, termination for cause
August 23, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Recruiting and Hiring
A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. In this case, the plaintiff’s claim for wrongful termination was dismissed when the court found that the plaintiff’s omission on a security questionnaire amounted to dishonesty that went to the core of the employment relationship and was irreconcilable with sustained employment.
breach of trust, dishonest employee, employment law, employment relationship, hiring, hiring process, termination, termination for cause
December 2, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
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.
Absenteeism, discipline, Dismissal, employment law, innocent absenteeism, progressive discipline, summary dismissal, termination for cause
September 15, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
A 62 year old Mississauga teacher with 10 years of service experienced the joy of winning a huge damage award in the face of allegations of just cause at trial only to have the trial decision squarely overruled by a majority of the Ontario Court of Appeal with significant cost consequences to account for. While the Ontario Court of Appeal often gives Trial Judges significant deference in their decisions, the Court of Appeal found that the Trial Judge misapplied the facts to the proper law on just cause dismissal and overruled the entire decision and awarded the employer significant costs on both the trial and appeal.
damages for wrongful dismissal, dismissed with cause, employee misconduct and rise to a breakdown in the employment relationship, employment law, Fernandes v. Peel Educational & Tutorial Services Limited, just cause, just cause dismissal, loss of insurance benefits, misapplication of law of just cause dismissal, reverse Trial Judge decision, termination for cause, wrongful dismissal case
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
January 15, 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 employee termination, duty to accommodate and the consequences of inappropriate tweets.
cardinal violation of the employer's safety rules, discipline, employment law, safety violation, social media, termination, termination for cause, wrongful dismissal
July 24, 2014 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, Source Deductions and Reporting, Training and Development, Wages and Compensation
Three popular articles this week on HRinfodesk deal with a discipline process instead of termination; accommodating a probationary employee; and employer-provided vehicles.
accommodate a probationary employee, Damage to employer property, Disability, discipline, discipline process, discrimination, duty to accommodate, employee's action warranted termination, Employer-provided vehicles, employment law, Newsletter, probationary employees, Taxable benefits, termination for cause, two-week suspension, workplace accommodation
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.
Canadian Union of Skilled Workers v. Hydro One Inc., construction industry grievance, disciplinary record, discipline, dismissal for cause, employee’s use of profanity, employment law, grievance, Labour Law, management, medical leave from the workplace, Ontario Labour Relations Board, parental leave, profane language, proper disciplinary penalty, reinstatement, suspension, termination, termination for cause, terminations, threats against their managers or coworkers, union
July 9, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
A recent case from the Ontario Superior Court of Justice serves as a good reminder to employers that there is a high standard to dismiss an employee for cause, particularly if the employee has a good performance record and long service.
cause for dismissal, Dismissal, employee misconduct, employment law, high standard to dismiss an employee for cause, incident of misconduct, long service, performance record, termination, termination for cause, terminations, wrongful dismissal
March 5, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring
In this electronic age, many employers will make offers of employment via email. When the offer is being made to an individual in another province or country, an issue may arise as to what jurisdiction will govern when a dispute arises.
contract is transmitted in an electronic format, Dismissal, electronic format, employment agreement, employment contract, employment contracts, employment law, Governing jurisdiction if a dispute arises, jurisdiction, jurisdiction over the action, jurisdiction where the acceptance was received, offers of employment via email, termination for cause
April 25, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, Union Relations
The three most viewed articles on HRinfodesk this week deal with dishonesty as cause for employee termination, the new CSA national OHS training standard and how ongoing tardiness and breach of trust justified termination for cause
Alberta Board of Arbitration, breach of trust, Canadian Standards Association, chronic lateness, CSA OHS training standard, CSA Z1001 – Occupational Health and Safety Training, Employee dishonesty, employee termination, employment law, employment relationship, just cause, Labour Law, Occupational Heal and Safety Training, OHS Training, Ongoing tardiness, right to terminate an employee for cause, severance, termination, termination for cause, termination pay, termination with cause, terminations, training obligation, wrongful dismissal
November 29, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
The three most popular HRinfodesk articles this week deal with proposed amendments to the Canada Labour Code, a vacation deprivation study, and a termination case based on the language of an employment contract..
Canada labour Code, employment contract, employment law, HRinfodesk, lump-sum payment, salary, termination, termination for cause, Termincation, vacation deprivation, vacation time
August 23, 2012 Matt Lalande, Lalande & Company Lawyers Accessibility Standards, Employment/Labour Standards, Health and Safety, Human Resources, Standard for Employment
Every month I have the benefit of drafting a quick blog on great employment law topics. A case that I very recently read, which is probably the best employment case I have ever read, catalyzed my interest in drafting a quick primer on the law of just cause. In the case of Barton v. Rona Ontario Inc. (2012 ONSC 3809) the plaintiff Kerry Barton was an assistant store manager at Rona in Barrie. He managed approximately 140 employees. One of the employees was wheelchair bound…
accommodating a disability, accommodation, damages for wrongful dismissal, dismissing an employee for just cause, employment law, just cause, Notice of termination, summary dismissal, termination, Termination and Severance of Employment, termination for cause, termination pay, wheelchair bound, wrongful dismissal claim
My employer denied me the right to have a support person present at a meeting with HR regarding an investigation into workplace bullying and psychological... – Feb 02, 2:14 PM
Which is more practical, absolutely no office romance policy or allowed but need to disclose? IMO, the need to disclose, while accommodating, complexity and unnecessary... – Dec 15, 1:39 PM
