Usually, the person claiming to have been harassed sues the employer. In a 2004 B.C. case, the harasser sued the employer for wrongful dismissal. This is the bad behaviour story of a spurned co-worker in a union office. His romantic desires were unreciprocated. He was then accused of revenge. … [Read more...]
Bad Behaviour 6.0: Employees getting away with …
An exhibitionist teacher, a foul-languaged childcare worker and a lustful caretaker are three more cases of employees getting away with bad behaviour. In my opinion, the phrase "fuck off" is just a forceful and intense way to say "leave me alone" or "go away". On September 12, 1996, I find that … [Read more...]
Bad Behaviour 5.0: Employees getting away with …
A 2006 Alberta case highlights the difficulties employers face when trying to deal with an employee who is frequently absent and battling an addiction. Whitford was not given sufficiently clear and detailed warnings about his misconduct, was mislead [sic] by approvals granting him leave, and was … [Read more...]
Bad Behaviour 4.0: Employees getting away with . . .
If an employee has been guilty of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer’s business, or if he has been guilty of willful disobedience to the employer’s orders in a matter of substance, the law recognizes the … [Read more...]
Bad Behaviour 2.0: Part 2 – Employees Getting Away With . . .
Introduction We looked through the judicial and arbitral decisions and found ten more random instances of appalling employee behaviour that Canadian courts and arbitrators excused. The first five cases can be found in Part 1 of this article. In these cases, the employer fired the employee, but … [Read more...]
Bad Behaviour 2.0: Part 1: Employees Getting Away With . . .
We scoured the judicial and arbitral decisions and found ten more random instances of egregious employee behaviour that Canadian courts and arbitrators excused. Since the judge or arbitrator found that the employers had no legal basis to find these employees, employers were hit with damages for … [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...]
