Find Materials
Just Cause Terminations
Date: June 8, 2022 Time: 9:00 AM PT Speaker: Anthony Panacci Employers have a very high bar to meet when terminating for “just cause”. This has left employers asking the question: “Can employers […]
FavoriteSocial Media Privacy and Discipline: Workplace Challenges
Recorded Date: March 2 Time: 9 AM EST Speaker: Jeremy Schwartz Click Here to Access Recording More than ever before we live and work digitally, and so our online private and work activities intersect […]
FavoriteLegitimately Disciplining Employees Without Committing Reprisals – Game Plan
Employees who engage in protected activity on Monday aren’t exempt from discipline for infractions they commit on Tuesday. “Reprisal” is a fancy word for revenge. It’s a nasty action that you […]
FavoriteIllegal Reprisals – Know The Laws Of Your Province
Don’t punish employees for exercising their workplace rights. Reprisals, aka, discriminatory action, refers to punishing employees for engaging in activities that are legally protected, such as complaining to government authorities or […]
FavoriteReprisals Complaint Response Questionnaire
A prompt and effective response is vital when employees file a complaint accusing your company of retaliation or taking reprisals against them for engaging in protected activity. The first step […]
FavoriteTexting at Service Stop Is Just Cause to Fire Driver with Disciplinary History
Sending a text message on her cell phone while her vehicle was parked at a service stop with its four-way flashers on was the last straw for a city bus […]
FavoriteOct 13 – When Equality Doesn’t Cut It: How to Bring an Equity Lens to Workplace Violence Prevention PART 2
Recorded Date: October 13, 2021 Time: 9:00-10:30AM PDT Speaker: Jennifer Mak and Glenn French Recording To access the recording of this webinar, please go here. As a sequel to Part 1 of this two-part webinar series, […]
FavoriteCourt Quashes WSIAT Stress Decision and Allows Constructive Dismissal Case to Proceed
Historically, workers’ compensation law placed a highly restrictive definition on traumatic mental stress injuries, which meant as a practical matter very few stress claims would ever be allowed. However, successful […]
FavoriteRepeated Absences Are Just Cause for Termination
A welder terminated for failing to show up for 6 scheduled shifts over a 3-week period blamed his absences on a bad back and sued for wrongful dismissal. The company […]
FavoriteNegative Tweets about Boss Are Grounds for Discipline, but Not Termination
Getting into a Twitter war with his boss, the Minister of Municipal Affairs, proved to be an unwise career move for a government legal official. The series of tweets personally […]
FavoriteAn Employment Lawyer’s Guide to Leaning In on DEI
When a company’s HR or Diversity, Equity, and Inclusion (DEI) department has a new idea for advancing diversity, one of the first things they do is reach out to their […]
FavoriteFatal Accident Costs Bus Driver His Driving Position but Not His Employment
A Toronto Transit Commission bus driver got fired after running over a 14-year-old passenger right after she exited the bus. Adding to the gut-wrenching was that the driver continued on […]
FavoriteCriminal Weapons Possession Charges Doesn’t Justify Worker’s Suspension
A hog fuel operator was suspended after police raided his home and seized a cache of 27 firearms, including a sub-machine gun, three semi-automatic rifles, two shotguns, a stun gun, […]
FavoriteEmployee Gets 10-Day Suspension for Ill-Advised COVID Prank
An apprentice gardener just returning to work after a 2-week COVID absence thought it would be funny to prank a co-worker by waving him down, getting him to open his […]
FavoriteJuly 28: Using Mediation for Conflict Resolution in the Workplace
RECORDED DATE: July 28, 2021 TIME: 9:00-10:30AM PDT SPEAKER: Heather Hettiarachchi, LLB MSc CPHR To access the recording of this webinar, please go here. As a member of OHS Insider, use discount code HRIVIP21 to watch […]
FavoriteOntario Decision: Important Reminder to Review and Update Termination Provisions
Last year, we wrote about the Ontario Court of Appeal decision in Waksdale v. Swegon North America that cast doubt on the enforceability of termination provisions in many employment contracts in Ontario. […]
FavoriteOK to Treat Union’s Failure to Object as Approval of Disciplinary Action Extension
To ensure speedy action, a collective agreement required the employer to impose discipline within 21 days of its “first reasonable opportunity to have knowledge of the circumstances giving rise to […]
FavoriteWorker Did Commit Sexual Harassment but Didn’t Deserve to Get Fired
A government worker was fired after a co-worker accused him of sexual harassment. The union contended that the charges were false, even though the worker admitted to calling the alleged […]
FavoriteInfectious Disease Emergency Leave And Wrongful Dismissal
Ontario employees on temporary layoff (or on reduced hours) due to COVID-19 are currently deemed to be on Infectious Disease Emergency Leave (“IDEL”) under the Employment Standards Act (the “ESA”), but may nonetheless […]
FavoriteEmployee Privacy And Disciplinary Actions
Employers should have strong privacy management programs in place and should consider potential privacy issues when making disciplinary decisions. Generally, employees have a reasonable expectation of privacy on workplace computers and […]
FavoriteTeacher Disciplined for Leaving Work to Participate in Protest Without Permission
A school district issued a letter of discipline to a long-tenured, highly regarded music teacher for leaving work to participate in a public protest against budget cuts on school grounds. […]
FavoriteCourt Refuses to Give Employer Blank Cheque to Discipline for OHS Infractions
After her fourth safety violation, the City of Halifax decided that progressive discipline had run its course and fired a municipal bus driver. The Nova Scotia arbitrator found the penalty […]
Favorite5 Top Tips on Avoiding a Constructive Dismissal Claim
Check out the infographic to see the 5 Top Tips on Avoiding a Constructive Dismissal Claim.
FavoriteEmployers’ First Glance At Vaccinations – Mandatory In The Workplace Or Not?
With the first round of COVID-19 vaccinations expected to soon be administered to Canadians, some employers are no doubt asking one important question: to what extent can vaccination be mandatorily […]
FavoriteCan You Fire Employees for Off-Duty Conduct?
Yes, when the misconduct does or has the potential to harm the organization’s reputation. There’s a widespread myth that what employers do when they’re away from work is their own business […]
FavoriteManaging Challenging Employees During the Pandemic
Date: December 2, 2020 Duration 60 Minutes Presenter: Alanna Twohey, Research Layer at Emond Harnden Download Slides Below About the Webinar The second wave of the COVID-19 pandemic is now well underway, and employers are […]
FavoriteRecent Ontario Employment-related Decisions Heavily Favour Employees
A number of recent cases decided by the Ontario Superior Court of Justice and the Ontario Court of Appeal are changing the likely outcomes of wrongful dismissal litigation in Canada […]
FavoriteProgressive Discipline Quiz
QUESTION What factors should an employer consider if misconduct or behavior of an employee is severe enough to fire an employee? ANSWER Seriousness and/or frequency of a problem with an employee. Employee’s […]
FavoriteYou Make The Call: Is This a Valid COVID-19 Screening & Quarantine Measure?
PANDEMIC QUARANTINE LAW, 101 OHS laws require employers to take reasonable or reasonably practicable health and safety measures to protect workers and others at the workplace against known hazards. Risk of […]
FavoriteDiscipline Written Warning
The purpose of this written warning is to bring to your attention new or ongoing deficiencies in your conduct and/or performance. The intent is to define for you the seriousness of […]
Favorite