Introduction The last column discussed the need for employers to practice progressive discipline. That concept means employees should be fired – that is, summarily dismissed without notice or pay – as a last resort and only where clearly justified. In this column, we look at some decisions which demonstrate how hard it can be to […]
Progressive Discipline
Introduction When faced with problematic workers, employers are expected to progress through a discipline procedure. In other words, firing the employee should be the last resort. Weak performance and undesirable behaviour can be improved by a series of escalating corrections that involve both employee and employer. Progressive discipline will contribute to a positive work environment. […]
Politician Resignations and Personal Liability for By-Election Costs
“I look forward to working with and representing you.” – Premier Jim Prentice, January 1, 2015 “My contribution to public life has come to an end.” –Premier Jim Prentice, May 5, 2015 within minutes of being elected as an MLA Introduction Several months ago, this employment column discussed the law of employees quitting their jobs. […]
Quitting and Giving Notice: What Employees Need to Know
Introduction Since employees like to be in control of their lives, they think they can quit an employer any time it suits them. But woe to the employer who feels the same way about terminating employees. Somehow employees think employers cannot freely dismiss employees but employees can dismiss employers as they choose. As it turns […]
Mandatory Retirement: Not so Fast!
“In cases where concern for the employee’s capacity is largely economic . . . it may be difficult, if not impossible, to demonstrate that mandatory retirement at a fixed age, without regard to individual capacity, may be validly imposed . . .” – Ontario Human Rights Commission v. Etobicoke, [1982] 1 SCR 202 Introduction Generally, […]
The Duty of Unions to Fairly Represent Their Members
Introduction About one-third of all Canadian workers, and most public sector employees, are members of unions, sometimes by choice and sometimes by legislation. Unions offer greater collective power than an individual generally can marshal for the negotiation and administration of collective agreements. Unionized employees surrender to the union the right to negotiate and contend on […]
Employees on Probation
Since it takes away an employee’s usual rights, a probationary period must be expressly agreed to by the employee. It cannot be implied into the relationship. The [employer] must clearly indicate what will happen if the relationship ends before the probation terminates. – Easton v. Winslow Properties Corp., [2001] O.J. No. 447 Introduction When we […]
Regulation of Employment Agencies
. . . the essential duty of the employment service shall be to ensure . . . the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources. – International Labour Organization, Employment […]
Compassionate Care: A New Basis for Temporary Unpaid Leave from Work
. . . provisions for eight weeks of unpaid compassionate care leave for individuals charged with caring for terminally ill family members. This Bill would help to ensure that Albertans do not have to risk employment and careers while performing their familial duties. – Mr. Jeneroux, on introduction of Bill 203, the Employment Standards Compassionate […]
Vicarious Liability: The Legal Responsibility of Employers
“It is right and just that the person who creates a risk bears the loss when the risk ripens into harm.” – Bazley v. Curry, 1999 CanLII 692 (SCC) Introduction After the massive train derailment disaster last summer in Lac Mégantic, Quebec, the chief executive of the train company was roundly criticized for what appeared […]
