Leave and Absense
Just Cause and Performance Management: A Legal Perspective on Employee Dismissal
The message from the courtrooms is crystal clear: when it comes to establishing just cause for performance-based concerns, effective performance management programs are critical. Employees must be given clear direction, clear warnings and opportunities to improve.
Bona Fide Occupational Requirement
As an employer, you may lawfully discriminate, based on an otherwise prohibited ground, if you can prove legitimate business reasons. However, you must be able to demonstrate that the workplace rule, policy, standard or criteria relied upon is a "bona fide occupational requirement."
Firing Pasta Maker a Recipe for Disaster
When Richard Flores began a two week medical leave from his job as a pasta maker, he had no reason to think his employment would be in jeopardy. Soon after his return to work from a bout of acute gout arthritis in his foot, however, Flores found himself out of a job.
Bad Faith Discharges Revisited
The following decisions can be considered positive developments for employers in the area of wrongful dismissal.
Mandatory Provisions
Every collective agreement must contain provisions governing the dismissal or discipline of employees and the final settlement of all disputes by arbitration. Every agreement must also have a provision prohibiting strikes and lockouts during the life of the collective agreement. All collective agreements must also provide for a joint consultation process for the parties to deal with workplace issues that arise during the life of the collective agreement.
Pay-in-Lieu of Notice: Understand the Restaurant Environment When Estimating Possible Damages
Here’s a TIP for employers: Look before you leap!