Discipline and Dismissals - Articles & Videos

off duty conduct

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.
termination rule of thumb

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?
contracts length of service

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.
mitigate damages

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.
aggravated damages

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.
employee sleeping

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.
cannabis at work

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.