Does Mental Illness Excuse Theft and Other Serious Employee Violations?
The “it wasn’t me, it was my mental illness” excuse for workplace misconduct rarely works “It wasn’t me; it was my mental illness.” That’s something employees are apt to say after […]
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Is Off Duty Sex Harassment Just Cause to Terminate? – Quiz
Workplace harassment can occur away from the office and after work hours. Consider the following scenario. SITUATION Four female employees are the victim of offensive and highly inappropriate conduct at the hands of […]
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Workers Comp Bars Assault-Based Constructive Dismissal Lawsuit
A lab chemist slammed a female co-worker in the arm with her fume hood window, causing a bruise. The chemist claimed the hood was too far open and that he […]
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Harassment Constructive Dismissal Occurs on Last Work Day, Not Resignation
When did the 2-year statute of limitations begin to run for an employee to file her constructive dismissal claim for workplace harassment? The employer claimed it began running on July […]
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Wrongfully Dismissed Employees Can’t Sue for Unjust Enrichment
There was no dispute that Exxon wrongfully terminated a supervisor and owed him termination notice. But what would have otherwise been a routine and straightforward wrongful dismissal case took on […]
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OK to Fire Librarian for Loaning Sexually Explicit Novels to High School Students
A few years after being suspended for 5 days for engaging in an inappropriate Facebook Messenger conversation with a vulnerable female student, a teacher librarian was terminated for lending out […]
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Hotel Employees Laid Off Due to COVID-19 File Class Action Lawsuit
Beware of class action lawsuits by employees laid off during the COVID-19 pandemic. This case was filed by hourly rate hotel employees who claim they were constructively dismissed and thus […]
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Union Employee Fired for Distracted Driving Can’t Sue for Money Damages
A bus driver who got fired for distracted driving denied the accusation and sued his ex-employer for $50,000 in damages for defamation and wrongful dismissal. The Alberta court said it […]
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The 11 Biggest HR Compliance Cases of 2021 & Their Impact on You
The court cases most likely to directly affect your HR program and policies. While new legislation always gets the lion’s share of attention, many (if not most) of the most impactful […]
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Vaccinate or Test COVID-19 Policy: Arbitrator Hints Termination For Cause Could Be Upheld
Almost a year ago, we wrote an article about whether a mandatory COVID-19 vaccination policy could be enforced at arbitration. The answer was the classic (and frustrating) it depends. When we wrote […]
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Texting 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 […]
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Wrongfully Terminated Employee Wins $100,000 in Lost Opportunity Damages
Four months into her articling (i.e., legal internship) term, a law student was fired for alleged plagiarism and disclosing confidential law firm information. The court concluded that neither charge was […]
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Arbitrator Reinstates Worker Fired for Fighting with Co-Worker
All agreed that a steel worker deserved to be disciplined for getting into a physical altercation with a co-worker on the shop room floor. The question was whether the incident […]
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Probationary Teacher Wasn’t Fired for Reporting Classroom Violence
A high school teaching assistant assigned to work with special need students with autism was fired just 2 months into the job. The school claimed she didn’t follow the student’s […]
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Forklift Operator Gets His Suspended Driver’s Licence Restored
Trying to make ends meet, a forklift operator decided to risk driving while his licence was suspended so he could make some extra money performing cleaning working during the holiday […]
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Is Falsifying an Expense Report Just Cause for Termination?
It depends on the seriousness of the violation and who commits it. Is dishonesty just cause to terminate an employee? The answer, as it always is with just cause, is it […]
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Seniority Determines Which Foreman Employer Must Lay Off
“The principle of seniority in a classification shall govern layoffs and recalls. Consideration shall be given to retain sufficient employees in each job classification to suit the nature of the […]
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Impact Of COVID-19 On The Reasonable Notice Period
In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship, unless there is […]
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Employee Probation in Court
In its recent Dalton vs. Fraser Valley Fire Protection Ltd., 2021 BCPC 146 decision, the BC Provincial Court awarded three months’ reasonable notice to an employee who was dismissed from […]
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Managing The Great Resignation: Tips For Employers Reopening Workplaces
There is no doubt that the COVID-19 pandemic has altered views of work and career. Employees are seeking greater flexibility and autonomy in how and when they work. A recent global survey conducted […]
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Opportunity Knocks: Court Awards Damages for Loss of Opportunity in Wrongful Dismissal
Wrongful dismissal claims generally attract three types of damages: compensation in lieu of notice, general damages (including aggravated and punitive damages); and special damages (which can include items such as […]
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7 Things Wrongfully Dismissed Employees Must Do to “Mitigate” Their Damages
Employees who don’t try to find comparable new employment may get less termination notice. In addition to termination notice under employment standards laws, wrongfully dismissed employees are entitled to common law […]
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Court 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 […]
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3 Traps to Avoid When Writing a Termination Letter
A bad termination letter can cost you tens and even hundreds of thousands in damages. Employees who spend their entire working life at one company are an extremely rare breed. And […]
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We Know The Pandemic Has Made Every Day Feel Like A Year, But Come On!
Many are familiar with the general idea that, when it comes to reasonable notice, one month per year of service is the usual starting point. In the case of Dalton v. […]
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Are CERB Payments Deductible From Wrongful Dismissal Damages? Maybe.
In a recent "win" for employers, and a decision that is the "first of its kind", a court in British Columbia deducted Canada Emergency Response Benefit ("CERB") payments from wrongful […]
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Repeated 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 […]
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Arbitrator Upholds Firing of Union Rep for Safety and Harassment Violations
Firing an OHS coordinator is tricky business, especially when the coordinator also happens to be the workplace union rep. The starting point in a legal proceeding involving discipline of a […]
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Negative 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 […]
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False Remorse Is Grounds for Termination
During a grievance meeting, UPS decided to reinstate a driver who was fired for getting into a physical altercation with a female customer, persuaded that he was genuinely remorseful. Unbeknownst […]
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