British Columbia Court of Appeal concludes employee’s conduct in workplace interpersonal conflict justified just cause for termination
Workplace personality conflicts are becoming all too common in the Canadian workplace given the heightened sensitivity to workplace harassment. With growing frequency, employees are raising concerns about how they are treated by senior management. However, what happens if an employee crosses the line between a legitimate concern to undermining the very essence of the employment relationship?
Simon Heath, BA, MIR, LLB, Heath Law
3 minutes read
January 15, 2013
Can you require employees to speak English?
Can you require employees to speak English? As always, the answer to this question is “yes”, “no” and “it depends”.
Michele Glassford
Bonuses and employment/labour standards entitlements
As the managing editor of The Human Resources Advisor and Human Resources PolicyPro, I am often asked for clarification on bonuses and employment/labour standards entitlements. Essentially, should bonuses be included in the calculation of vacation pay and public holiday pay entitlements, and why?
Ted Kenney
New case helps to further define the difference between “workplace harassment” and “legitimate management conduct”
The Ontario Labour Relations Board (“the Board”) has provided additional legal interpretation of workplace harassment under the Occupational Health and Safety Act (“OHSA”) in Amodeo v Craiglee Nursing Home Limited, 2012 CanLII 53919 (ON LRB), which was decided on September 19th, 2012. In drawing a clear distinction between “workplace harassment” and “legitimate management conduct”, the Board has provided some welcome direction on this sometimes contentious workplace issue.
David Hyde
The pros and cons of unpaid internships: a 360° perspective
A closer look at the economic effect of unpaid internships on employers and interns themselves.
Occasional Contributors
Travelling for business – not all fun and games!
How often do your employees travel? If your answer is: “Not that often,” you may not have considered implementing a policy regarding work travel. More importantly, you may not have considered whether you are liable if something happens to a worker while they are travelling. Do you know how the new changes to Ontario’s Occupational Health and Safety Act affect work travel and your employees?
Clear Path Employer Services
Lack of facts doesn’t keep a good judge down
In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had allegedly stolen a business idea. The facts of the case are not unique; indeed, they arise frequently in the give-and-take between employer and employee.
Earl Altman
Denny’s temporary foreign workers employment standards class action suit gets certified
The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…
Christina Catenacci, BA, LLB, LLM, PhD
Why it is never a good idea to dismiss an employee by email
A human resource person in one of the largest insurance company in the UK mistakenly fired 1,300 global employees in its investment unit by email. The email asked them to turn over their security credentials and company property on their way out and to remember their contractual obligation pertaining to confidential information. Oops! The email was only meant to go to one employee.
Ted Kenney