Discipline and Dismissals - Articles & Videos
Not Every Breach of Contract is Cause for Dismissal
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.
But First, Let Me Take A Selfie: Why One New York Teacher Is Fighting Back
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.
Bad Faith in the Course of Dismissal: “The Damages Formerly Known as Wallace” are Still Relevant
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.
The Ontario Human Rights Tribunal: Remedies and Increasing 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.
Condonation Requires Full Disclosure
An employee who owes a fiduciary duty to their employer is not entitled to just do as they are told by the dominant shareholder. Their duty is to their employer (the company) and not to any one shareholder.
2018 Year in Review: Sex, Drugs and…Termination Clauses?
While 2017 brought about sweeping changes to the Employment Standards Act, 2000, 2018...brought about sweeping changes to the Employment Standards Act, 2000. While 2017 brought about employer panic and confusion over the legalization of cannabis, 2018... continued to do much the same. For yet another year, we were treated to several judicial assessments of the enforceability of termination clauses, and we continued to see the quantums of human rights and other damages increase. In a sense, everything old is new again.
Mitigation
If the employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment.
Probationary Periods
In the recent case of Van Wyngaarden v Thumper Massager Inc., the Ontario Divisional Court confirmed that unless a dismissal is in bad faith, an employer is entitled to dismiss an employee during the probationary period without cause and without notice.
Severance Pay and the Issue of Payroll
The most common requirements for an employee to be eligible for severance pay is that the employer must have a payroll of at least $2.5 million, and the employee must have been employed for at least 5 years.
The Rudner Law Annual Holiday Party Post: The Cannabis Edition
Although office holiday parties can be an amazing way to thank employees for their hard work all year, they can also be a minefield of potential liability for employers. This liability can crop up in any number of ways, including through harassing or offensive comments, inappropriate sexual or romantic advances, inadvertent discrimination, and excessive alcohol consumption. This year, in addition to these issues, employers also need to be prepared to deal with a brand new potential pitfall: the use of recreational cannabis.
