The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick (Justice and Public Safety), 2016 CanLII 50052 (NB LA) (July 28, 2016) highlights the dangers in failing to confront employee “bad” behaviour and being lax with policy enforcement and training.
Cause for dismissal may be found where an employee’s conduct constitutes a serious breach of the relationship of trust that exists between an employer and employee. In Patanguli v Canada (Minister of Citizenship and Immigration), 2015 FCA 291, the Federal Court of Appeal upheld a decision of the Public Service Labour Relations Board which found that […]
There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers. However, the ability of parents to take maternity and/or paternity leave, and return to their employment, is a legislated right.
There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.
In the absence of an employment agreement that expressly sets out a notice period upon termination, employees who are terminated without just cause are entitled to a notice period or pay in lieu of notice from their employers in accordance with the common law.
On January 11, 2016 an Ontario court imposed the harshest sentence ever for an individual’s role in a workplace accident. A project manager was sentenced to three and a half years in prison for his role in four workplace deaths that occurred on December 24, 2009.
In the recent unreported decision of the New Brunswick Police Commission and Constable Jeff Smiley, dated December 2, 2015, an arbitrator appointed under the New Brunswick Police Act imposed the penalty of dismissal of a New Brunswick police officer as a result of his misconduct.
The British Columbia Court of Appeal (the “BCCA”), in Frederickson v Newtech Dental Laboratory Inc., 2015 BCCA 357, overturned the trial judge’s finding that Frederickson had failed to mitigate her damages because she refused to accept an offer of re-employment from her employer, Newtech Dental Laboratory (“Newtech”).