Discipline and Dismissals - Articles & Videos
A COVID-19 Update from Rudner Law: Layoffs and Wage Cuts
At the end of the day, we know that everyone’s health is the number one priority, but we also want to make sure that people do not compromise their legal rights. We know that many of our clients are struggling. Whatever decisions they make, we want them to be informed decisions.
COVID-19 Pandemic: Frequently Asked Employment Law Questions
UPDATED: March 20, 2020 UPDATED: April 6, 2020 Last week we provided some practical recommendations to employers who are dealing…
Off-Duty Conduct and the High Threshold for Summary Dismissal
While some off-duty conduct can justify discipline and even dismissal, a recent case confirms that the threshold for summary dismissal is high.
Rule of Thumb for Notice Upon Termination? Don’t Count On It
If you are an employer or an employee, you have probably heard that the general rule of thumb when it comes to entitlement to notice upon termination is one month per year of service. Is that really true? What does the law have to say?
“Not in Your Job Description” – Fired for Masturbating at Work
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.”
Employee’s Length of Service Not Interrupted by Creative Use of “New” Corporate Structures
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.
Employee Refuses to Return to Work After Illegal Layoff – Court Finds Failure to Mitigate
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.
Crocodile Tears Are Not Enough: Court of Appeal Confirms High Bar for Awarding Aggravated Damages
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.
Asleep At The Wheel: Why A Dozing Employee Received One Restless Slumber
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.
Highs and Lows: Cannabis Legalization Doesn’t Mean You Can Be High at Work
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.
