(Originally published 2014. Updated February 2019.) Although often a time of excitement and anticipation, pregnancy can also bring with it an overwhelming amount of uncertainty. While we sympathize with any questions you may have about sleep training, nutrition, or discipline, we will leave these topics to the experts. What we can give you is some […]
Tag Archives | dismissal
Can an employee be disciplined and later fired for the same conduct?
In every case of dismissal, one of the first questions to ask should be whether the Code applies. The answer is more complicated that one might think.
By Richard Johnson. In Canada, most non-unionized employees have one primary means of recourse (absent a human rights claim) for challenging a dismissal: litigation through our civil court system. For non-unionized employees working in a federally governed industry such as air transportation or banking or for a First Nation, however, there are two primary options: […]
By Fiona Anderson. As a former journalist, I can’t help but be mesmerized by the bloodletting that is happening at newspapers and television and radio stations across Canada. The only exception is the publicly funded Canadian Broadcasting Corporation. Private companies need to make money to survive and, with advertisers now having their own advertising platforms […]
By Samantha Stepney. Many employees who seek our advice following termination are surprised to learn that so long as their employer has not violated any human rights laws, the employee can be fired for any reason. If the reason amounts to “just cause” – which includes things like theft and insubordination – the employee is […]
This month marked the debut of Kent Employment Law’s Employer Forum series, an in-house resource for forward-thinking business owners and HR professionals. Hosted by our own Trevor Thomas, November’s Forum focused on recruitment and hiring with a lively discussion led by senior HR professional Heidi Eaves and business consultant Fraser Engel. With individuals from over […]
In this article in the mid-October 2016 issue of The Bottom Line, Richard Johnson offers employees a primer on termination, severance, and just cause.
By Andres Barker, Lawyer. Last year around this time, we blogged about the Court of Appeal’s conclusion in Steel v. Coast Capital Savings Credit Union that the employer had just cause to fire an employee who accessed a document in her manager’s personal folder. Both a majority of the Court of Appeal, and the trial […]
Lawyer Erin Brandt (nee Kizell), Contributor. At the risk of repeating ourselves (see previous posts on just cause dismissals here and here), this week’s blog post revisits the topic of just cause and the potential for financial disaster when an employer makes unfounded allegations against an employee. In a recent, high-profile employment law decision from […]