We hear that “attitude is everything”, and nowhere is this more important than at work. Consider whether the employee’s attitude below should be enough to justify his firing. Henry, 31, had been working for seven and a half years as an auto body repair technician at the Fox Ford dealership in … [Read more...]
Reinstatement
Introduction Many Canadians will remember the case of Lynden Dorval, the Edmonton public school teacher, who was fired by his school board for dispensing marks of zero to students who did not do their assignments. Recently the case reached the Alberta Court of Appeal on the question of whether Mr. … [Read more...]
The Law of Leafleting and Picketing
Introduction Distributing leaflets to people and picketing are longstanding forms of employee expression, commonly to protest or draw attention to employment disputes. Primary picketing is attending at a place of business or employment with an object of persuasion, usually to dissuade others from … [Read more...]
How Bad Behaviour? Employees Getting Away With . . .
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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, … [Read more...]
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 … [Read more...]
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 … [Read more...]
