Skip to content

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.

Read more

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.

Read more

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.

Read more

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.

Read more

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.

Read more

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?

Read more

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.

Read more

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.

Read more

SHARE

Archive

Search Archive


 
 

Employer immigration compliance obligations

January 2, 2020

Kathleen Leighton Employers in Canada are obligated to only employ individuals who are legally able to work for them. Individuals who are neither citizens nor permanent residents of Canada, but who wish to work in…

Read More

The spies who saved judicial review: The top 10 takeaways from Vavilov

December 20, 2019

Twila Reid, Jennifer Taylor and Richard Jordan The Supreme Court of Canada has revolutionized administrative law (again) with its new standard of review decision, Canada (Minister of Citizenship and Immigration) v Vavilov. The decision reflects…

Read More

Land use planning in Prince Edward Island: The year in review

December 13, 2019

Jonathan Coady, QC and Michael Fleischmann Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals in Prince Edward Island,…

Read More

Beyond the border: Immigration update – November 2019

November 28, 2019

We are pleased to present Beyond the border, a quarterly publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers of foreign workers…

Read More

Discovery: Atlantic Education & the Law – Issue 05

November 18, 2019

We are pleased to present the fifth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. As the pace around campus turns up as universities and colleges begin a…

Read More

Pension plan recovers overpayments made to deceased

November 6, 2019

Level Chan and Dante Manna On October 31, 2019, the Supreme Court of Canada issued its decision in Threlfall v Carleton University, 2019 SCC 50, dismissing an appeal from the Quebec Court of Appeal. Carleton…

Read More

Diversity disclosure under the Canada Business Corporations Act

November 5, 2019

Andrew Burke, Colleen Keyes and David Slipp Starting January 1, 2020 “Distributing Corporations” under the Canada Business Corporations Act (“CBCA”) will be subject to new disclosure requirements relating to the diversity of directors and senior…

Read More

The Crown of Copyright

October 25, 2019

Daniela Bassan Last month, the Supreme Court of Canada released its much-anticipated decision in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43. This was a certified class proceeding on behalf of all land surveyors…

Read More

Employer obligations for the October 21 federal election

October 15, 2019

Killian McParland With the federal election coming up next week on October 21, 2019, it is a good time for a reminder of the employer obligations under the Canada Elections Act. Employees who are eligible…

Read More

Are you compliant with the Canada Elections Act? New changes mean entities ought to be careful in assessing their obligations

September 9, 2019

John Samms The upcoming federal election is drawing near. You may be thinking about exercising your democratic and constitutional right to vote – you may not be. You may never even consider participating in the…

Read More

Search Archive


Scroll To Top