Practical HR Tips, News & Advice. Updated Daily.
by Kelly Smith-Haley Most employers know they have to make reasonable accommodations for an otherwise qualified employee with a disability under the Americans with Disabilities Act (ADA). But you may not know that the task of determining what qualifies as a reasonable accommodation doesn’t fall solely on you. A recent court decision reminds employers and […]
by Hannah Roskey It is well understood that Canadian employers may be vicariously liable for the actions of their employees when the employees are acting within the scope of their duties. But surely not if the employee acts against the instructions of the employer? Maybe so, according to a recent panel of the Alberta Court […]
By Kyla Stott-Jess Over the last month, the Canadian news media has devoted significant time to covering the Jian Ghomeshi scandal. Aside from the celebrity gossip factor, the story has had such staying power because it touches on so many controversial issues—BDSM (Bondage & Discipline / Domination & Submission / Sadism & Masochism), sexual consent, […]
by Mohamed Badreddine There is little dispute that senior employees owe a duty of good faith and loyalty to their employers. But what about junior employees—do they owe their employers the same duty? And if so, can they be fired if they violate that duty? Depending on the situation, the answer may be yes—at least […]
by Hannah Roskey In a recent decision, a Canadian appellate-level court confirmed that employee misconduct discovered after a without-cause termination may be relied upon by an employer in support of a later argument of just cause for termination.
By Chuck Harrison In a recent Canadian case, the British Columbia Labour Relations Board addressed whether privacy rights entitle an employee disciplined for serious misconduct to remain anonymous in an arbitration award.
By Kyla Stott-Jess It is not uncommon for an employee to disclose an addiction only when being terminated for misconduct that may be related to the employee’s substance abuse. The employee then tries to trigger human rights protections due to his or her “disability.” A recent Alberta court decision, Bish v. Elk Valley Coal Corporation, […]
By Mohamed Badreddine Last chance agreements are a tool commonly used by workplace parties in Canada to give an employee accused of serious or repeated misconduct one last chance to keep his or her job. These agreements are sometimes used to manage an employee’s absenteeism, poor job performance, or drug or alcohol addiction. They may […]
By Ian Campbell It seems to be increasingly difficult to justify terminations for cause—even when an employee is found to have engaged in serious misconduct.
An employee may think the grass is greener in a new job on the other side of the fence. Once in the new position, however, he may start longing for the good old days in his old job. What to do with such an employee can put an employer in a quandary. Recently, a group […]