Tag: employee misconduct

When what’s good for business isn’t good employment law: What warrants termination for cause?

by Kyla Stott-Jess Is a Canadian employer justified in terminating an employee for cause when that employee has disobeyed company policy? What if the consequences of the employee’s failure to follow policy put other employees at serious risk of harm? Not necessarily, said the Ontario Supreme Court recently in Barton v. Rona Ontario Inc. Rather, […]

When Employees Act Fishy

Tonight we revisited the episode “Heavy Competition,” which is rife with the kind of employee misconduct that keeps us lawyers busy. Last time we looked at this episode, we talked about trade-secret violations as well as Dwight Schrute’s personal liability for his bizarre antics, which included placing a dead fish in an air-conditioning vent in […]

Employee Must Pay for Investigation into Her Own Theft

McCarthy Tetrault If you have ever thought it wouldn’t be worth the cost to investigate an employee’s criminal misconduct, the recent decision in Canada Safeway Limited v. Brown, [2007] B.C.J. No. 2400 (S.C.) might make you reconsider. Not only was the employee ordered to pay back the money she stole, the judge tacked on six […]

The Dinner Party

LITIGATION COST: Paying lawyer to review corporate ethics policy: $1,500; paying Michael severance: $5,000; avoiding corporate scandal: priceless. Does any company really want its regional manager to hit up subordinates for money? Does it matter that he did it in his condo rather than his office? The answer to both of these questions is, quite […]