“zero-tolerance” policy

Three popular articles this week on HRinfodesk

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

Is drinking at work just cause for termination?

April 30, 2018 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources

Just cause is the death penalty in employment law. Accordingly, in case of drinking at work, just cause can only be justified where the drinking at work causes grave concern.

drinking at work, employment law, intoxicated while at work, just cause dismissal, termination, “zero-tolerance” policy

Business and booze: Dealing with alcohol in the workplace

March 17, 2017 Vey Willetts LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Union Relations, Wages and Compensation

The relationship between employee alcohol use and work is complex. In Ontario, there are specific legal obligations which apply, and employers must exercise caution. Without a proper understanding of their legal obligations, employers face a minefield which may unwittingly result in unwanted liability.

alcohol, alcohol addiction, alcohol testing, alcohol use in the workplace, breathalyze employees, disability–based discrimination, drinking during working hours, drinking on the job, employee alcohol use, employee discipline, Volchoff v. Wright Auto Sales, workplace alcohol policies, wrongful dismissal, “zero-tolerance” policy

Little judicial tolerance for zero tolerance policies

September 2, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations

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.

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

OLRB rules that sleeping on the job does not constitute “intentional misconduct” under ESA

July 22, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Anyone involved in human resources may think that if an employee who works in a manufacturing facility surrounded by potential health and safety hazards is found sleeping on the job on more than one occasion, they should be dismissed for cause and disentitled to severance of any kind. That would be a reasonable “gut reaction” to this type of fact situation. In fact, such decisions are routinely upheld by both the courts and labour arbitrators.

appropriate workplace conduct, employment law, employment standards act, intentional misconduct, Ontario Labour Relations Board, potential health and safety hazards, progressive discipline policy, sleeping on the job, statutory termination pay, termination pay, ulpable or non-culpable explanation, willful misconduct, “zero-tolerance” policy