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Discipline and Dismissals - Articles & Videos

Can I Be “Unfired”?

Can I Be “Unfired”?

Can an employer dismiss an employee, then change its mind, unilaterally retract the dismissal, and require that the employee continue to work? The answer to this question is currently unfolding before the world in real time.

Should You Lie to Your Boss About How “Remote” You Really Are?

Should You Lie to Your Boss About How “Remote” You Really Are?

There are some concerns that people should be aware of when thinking about moving to a different location but continuing to work remotely.

bad faith wrongful dismissal

Bad Faith in Wrongful Dismissal Claims

We all know there is a duty on the part of an employer to act in good faith in the course of a dismissal. In this video update, Stuart talks about what happens when an employer is found to have acted in bad faith.

Assessing and Negotiating a Severance Package

Assessing and Negotiating a Severance Package

Think of it this way – it’s not a severance package, it’s a severance offer. And like any offer, you can choose whether to accept it or not.

How and When to Conduct Workplace Investigations

How and When to Conduct Workplace Investigations

Workplace investigations have taken on tremendous importance in the world of HR. Failing to investigate, or failing to investigate properly, can result in significant liability. Nadia explains how and when to conduct them, as well as some best practices for employers.

Lisa LaFlamme Controversy: Hair Colour, Gender, and Sex Discrimination

Lisa LaFlamme Controversy: Hair Colour, Gender, and Sex Discrimination

Did CTV do anything wrong in the termination of Lisa LaFlamme’s position as anchor? In this video update, Stuart looks at the situation and addresses the issue of gender and sex discrimination and the broader context of human rights breaches when terminating an employee.

How do you determine severance/termination pay for a dismissal without cause?

How do you determine severance/termination pay for a dismissal without cause?

How do you determine what someone is entitled to if they lose their job without cause? We refer to this as severance or termination pay. Like it or not, the entitlement is not based on a simple formula or an easy calculation in most cases.

Litigation Over Poor Mitigation: Court Reduces Notice Period

Litigation Over Poor Mitigation: Court Reduces Notice Period

You might know that employees have a legal obligation to mitigate their damages when they are let go, which means they must make reasonable efforts to find new employment. However, what does “reasonable efforts” even mean?

Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal

Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal

Nadia Zaman discusses Benke v Loblaw Companies Limited, in which the court found that placing an employee on an unpaid leave, after they refused to follow the company’s mask policy, did not constitute constructive dismissal.

End of Infectious Disease Emergency Leave

The End of Infectious Disease Emergency Leave

On July 30, 2022, employees and employers alike will need to make decisions on the status of their employment relationships.

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