Atlantic Employers’ Counsel – Winter 2013
REASONABLE PEOPLE DOING QUESTIONABLE THINGS: CONFLICTS OF INTEREST AND JUST CAUSE
Can a unionized employee moonlight in his off hours to earn some extra money by doing the same work he does for his daytime employer at cut rates? Can a high level executive take kickbacks for directing contract work to a friend? In both unionized and non-unionized environments, an employee who engages in a conflict of interest can lead to a just cause termination.
CATCH ME IF YOU CAN: DEALING WITH FRAUDULENT MISREPRESENTATION OF QUALIFICATIONS OR CREDENTIALS IN THE WORKPLACE
It happens often. A potential candidate arrives at a job interview with a stellar curriculum vitae. She shares with you that she’s got a stable and secure job but might be interested in contributing to the success of your organization. Without hesitation or question, you decide that this is the person you’re looking for and an employment relationship is formed. Who didn’t hear about Yahoo’s situation with recent hire Scott Thompson when it was disclosed six months after the hiring that Thompson may not have had the qualifications set forth on this curriculum vitae.
DUMB AND DUMBER: GET SMART ABOUT SERIOUS INCOMPETENCE
Every employer has a movie or two in the making based on the outrageous tales of its most incompetent employees.
Maybe the employee harmed a patient, lost a million dollars, angered a valued client, missed a critical deadline, or did something so dumb it put the company’s reputation at risk. Once an employee has demonstrated such incompetence, the employer usually loses confidence in the employee’s ability to do the job and is keen to terminate employment.
WHOEVER SAID ABSENCE MAKES THE HEART GROW FONDER? THINGS TO CONSIDER ABOUT INNOCENT ABSENTEEISM BEFORE TERMINATION
One of the most frustrating, costly and challenging issues facing employers is chronic absence of employees. Culpable absenteeism, or absenteeism within the employee’s control, may very well constitute cause for dismissal, but this article focuses on termination of employees for innocent absenteeism, particularly caused by illness, disability, or other protected grounds under human rights legislation.
LIAR, LIAR: DEALING WITH DISHONEST EMPLOYEES
Clarence Darrow is an unlikely inspiration for an employer-focused article about dishonest employees. However, Darrow captures a key truth about the employment relationship: the difference between honest and dishonest behaviour in the workplace isn’t easily discernible and can seriously impact your business.
IT’S ALL IN THE ATTITUDE: INSOLENCE & INSUBORDINATION
One of the most challenging issues in the workplace is dealing with bad attitude and employees refusing to perform the work for which they were hired. Disruptive behaviour can take on many forms: outright refusal to carry out work, manifest non-performance, inappropriate comments, persistent complaints and non-verbal communication expressions of dissatisfaction (i.e., eye rolling, sighing, etc.). Employers dealing with employees who have a negative and disruptive attitude often consider dismissal for insubordination and insolence. What exactly are those two concepts?
JUST CAUSE, DUTY OF FIDELITY AND BREACH OF TRUST
Every employee, at every level, owes a duty of fidelity to their employer. Although the extent of this duty depends on the particular circumstances of the employment relationship, all employees have a duty to act in a manner consistent with the employer’s interests (i.e. duty of loyalty). Where the conduct of an employee is dishonest and inconsistent with the employer’s interests, the trust in the employment relationship can be compromised and can amount to just cause for dismissal.
TERMS OF “ENDEARMENT”: SEXUAL HARASSMENT AS JUST CAUSE FOR DISMISSAL – SEXUAL HARASSMENT IN THE COURTS
Sexual harassment is prohibited under all human rights legislation in Canada and employers have a duty to protect employees against sexual harassment in the workplace. This may, in certain circumstances, require dismissing an offending employee. Failing to protect an employee against sexual harassment by a co-worker may also lead to a constructive dismissal claim against the employer. For the purpose of this article, we look specifically at the issue of when an employee can be terminated for just cause when there is proven sexual harassment.
Archive
Stephen Penney and Megan Kieley1 The Newfoundland and Labrador Court of Appeal’s recent decision in Index Investments Inc v Paradise (Town)2 is a significant decision for municipalities. The Court of Appeal endorsed the Newfoundland and…
Read MoreBy Kathleen Leighton & Brittany Trafford The Temporary Foreign Worker Program (“TFWP”) and International Mobility Program (“IMP”) provide Canadian employers the opportunity to hire foreign workers to address their labour needs, particularly when qualified Canadians…
Read MoreThis is the second in a two-part Thought Leadership series on a recent life insurance case out of Alberta, and the implications for life insurers. Michelle Chai and Liz Campbell1 Part I of this two-part series…
Read MoreBy Deanne MacLeod, K.C., Burtley G. Francis, K.C., and David F. Slipp On June 20, 2024 the Fall Economic Statement Implementation Act, 2023 (the “Economic Statement”) received Royal Assent and became law. The Economic Statement…
Read MoreThis is the first in a two-part Thought Leadership series on a recent life insurance case out of Alberta, and the implications for life insurers. By Michelle Chai and Liz Campbell1 The Supreme Court of…
Read MoreThis articles follows our recent Thought Leadership piece on the Federal Government’s announcement of significant investment through the Smart Renewables and Electrification Pathways Program in Nova Scotia clean energy projects. By Dave Randell, Sadira Jan,…
Read MoreBy David Randell, Sadira E. Jan, Daniel Mowat-Rose, and Marina Luro1 Natural Resources Canada has released two important announcements relating to Nova Scotia’s transition to a green economy: Collaboration framework for a sustainable future Canada’s…
Read MoreBy Sheila Mecking and Lauren Sorel The British Columbia Human Rights Tribunal (“BCHRT”) recently dismissed a complaint of discrimination in the workplace, stating that the employer’s investigation, and settlement offer, adequately resolved the complaint.1 The …
Read MoreBy Sarah Dever Letson, CIPP/C, Meaghan McCaw and Bertina Lou[1] Two decisions earlier this month from the Court of Appeal for British Columbia left open the question as to whether so-called “database defendants” can be held…
Read MoreIn conjunction with our upcoming sponsorship of the Halifax Chamber of Commerce luncheon, featuring the Minister of Energy and Natural Resources the Hon. Jonathan Wilkinson, we are pleased to present a Thought Leadership article highlighting…
Read More