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
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
Thanksgiving Day, public holiday
Thanksgiving Day in Canada occurs on the second Monday in October every year. This year, Thanksgiving Day falls on Monday, October 8.
Ted Kenney
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
Employee tips or other gratuities
In general, restaurant and bar patrons are expected to leave a tip amounting to approximately 15 percent of their total bill when dining out or drinking. However, we do so without asking ourselves how the money will be divided among staff members. Well, it seems in Ontario, it is a common practice for restaurants to require servers to share their tips and gratuities with their managers and the owners.
Ted Kenney
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
Relying on breach of policy to discipline employees
When an employer seeks to rely on a breach of policy in disciplining an employee, the employer must prove that it clearly communicated the policy to the employee in question and has enforced the policy consistently. The importance of such communication in enforcement of workplace policies was demonstrated in Lambe v. Irving Oil Ltd.
Ted Kenney
Manitoba employer obligations on election day
The next provincial election in Manitoba is scheduled for Tuesday, October 4, 2011. Employers have certain obligations to employees under the Manitoba Election Act. The writs have been issued for Manitoba’s 40th general election providing for a 28-day election campaign. The lawn signs are out and political parties in Manitoba have kicked their campaigns into high gear.
Ted Kenney