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by Jennifer Shepherd Can a Canadian employer justify an employee’s dismissal for acts committed after he or she has been fired? The answer is: sometimes. In Gillespie v. 1200333 Alberta Ltd., an Alberta court overturned a lower court ruling that permitted an employer to retroactively justify an employee’s termination because the employee removed confidential documents […]
Because styles and new thinking about what’s acceptable attire in the workplace are ever changing, HR professionals continue to struggle with dress codes. Expectations of professional appearance differ among, and even, within professions. Some HR pros have found that allowing supervisors or department heads the ability to establish and enforce dress codes works better than […]
A colleague recently suggested I read the book, The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t. Maybe I should have asked what his motives were in suggesting that I read this particular book. I didn’t. Some things you just don’t want to know! The book was a New York Times […]
By Kevin O’Neill On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the British Columbia Court of Appeal’s 2011 decision in Waterman v. IBM Canada Ltd. This important case will likely allow the Supreme Court to re-examine damages principles arising in a wrongful dismissal action. The case raises […]
Litigation Value: Not much from this episode, but hopefully Dunder Mifflin will recognize the problems associated with socializing with an ex-employee. This week’s episode illustrates some of the dangers of a disgruntled ex-employee. A recently fired Andy and his newly blossoming life crisis take center stage at a local fundraiser. After a great cold open where […]
By Ralph N. Nero and Fida Hindi Canadian employees are entitled to all sorts of leaves – maternity leaves, parental leaves, sick leaves, emergency leaves, leave for the disappearance of a minor child, and the list goes on. Now Ontario may be joining Quebec by creating yet another new category of leave of absence for […]
Employers covered under the Americans with Disabilities Act (ADA) must make sure any new building projects are in compliance with the 2010 Standards for Accessible Design by March 15. The new standards replace the 1991 standards devised when the ADA became law. The 2010 standards set minimum requirements for new construction and alterations of more […]
It was a busy travel day and, as often is the case, a flight was canceled. As you might expect, the passengers weren’t all that happy about it. One man in particular was visibly upset by the canceled flight. As he waited in line to book passage on another flight, he became increasingly agitated until […]
By David T. McDonald “Cause” for termination is a difficult standard to meet in Canada. So what are your alternatives if you don’t have cause? Warning, suspension, demotion, transfer? In Haddock v. Thrifty Foods (2003) Limited and Quadcam Holdings Ltd., the British Columbia Supreme Court has recently said a demotion may not be a proper […]
Litigation Value: Call it what you will — a get-together, party, or bacchanalia. By any name, tonight’s gathering at the soon-to-be-former home of Robert California could prove costly for both Dunder Mifflin Sabre and its chief executive. “Are you ready for some meatballs?” At night’s end, The Office‘s figurative answer to that literal question by […]