In the recent case of Unifor, Local 2215 and I.M.P. Group Ltd. (AB), Re, a Nova Scotia Arbitrator upheld the termination of an employee for cause and confirmed that progressive discipline is not “an invariable rule that must be followed in all cases regardless of the circumstances.”
The Ontario Court of Appeal recently released a decision confirming that courts will not be fooled by different corporate structures when an employee has, in reality, been employed with the same employer for years.
Losing a job is nerve-wrecking for most people. Employees must be careful, however, because they have a duty to mitigate their damages by taking reasonable steps to find comparable employment. Otherwise, their entitlement to damages for wrongful dismissal may be substantially reduced.
While being terminated from one’s employment can undoubtedly lead to emotional upset, the law does not recognize mental states that fall short of injury.
This case is another in a long list of cautionary tales where employers have been penalized for acting hastily and failing to conduct an investigation before dismissing an employee for alleged misconduct.
Employees: do not confuse the change in criminal laws with any change at work; they are two very different concepts and showing up high at work could cost you your job.
Not every breach of an employment contract permits an employer to terminate the contract and dismiss the employee without notice. That is particularly true where the breach relates, effectively, to performance.
Employers cannot discriminate based on sex or gender, and so they should be implementing policies that are balanced and in line with current best practices.
If an employee can prove bad faith conduct by an employer in the manner of a dismissal, then the employee may be entitled to bad faith/moral damages.
Passmore and Illumiti Inc., which was released in November of last year, and is helpful for both employers and employees as it reviews the types of remedies that may be available through the tribunal, as well as how damages are assessed.