Employer had just cause to terminate an employee who worked a second job
In some unfortunate cases, Canadians need to work two jobs in order to make ends meet. Well, it seems that sometimes taking a second job may not be a good idea. The British Columbia Provincial Court recently found that an employer could terminate an employee for just cause because that employee had a second job and refused to quit when she was asked.
Christina Catenacci, BA, LLB, LLM, PhD
3 minutes read
September 2, 2011
Slaw: IQT’s closure: A fine example of poor corporate values!
On July 15, 2011, several workers showed up to work as usual at IQT Solutions, only to be told that their employer had unexpectedly shut down its Canadian operations: three call centres, one in Ontario and two in Quebec. About 1,200 IQT employees were suddenly unemployed with no final paycheque, vacation pay or notice of termination.
Ted Kenney
Reduced hours of work and job sharing – an idea suited for North America?
In a recent Globe and Mail video, author Juliet Schor discusses how reducing work hours might be the answer to some of the problems facing Canada’s workforce. Schor mentions that having employees work shorter hours decreases unemployment rates, lowers greenhouse emissions, and improves quality of life.
Christina Catenacci, BA, LLB, LLM, PhD
Slaw: Welcoming Reservists back home – and back to work
Now and in the coming months, members of the Canadian Forces will be returning from military service in Afghanistan in significant numbers. Many of them, Reservists, will be returning to civilian work. We all owe these soldiers a debt of gratitude for their service. Employers specifically owe them a number of legal obligations, under Employment/Labour Standards legislation in various jurisdictions.
Ted Kenney
Motions for judgment in wrongful dismissal − the Court of Appeal’s latest statement
One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.
Earl Altman
I’m getting the sniffles… it’s another case of the World Cup Flu!
‘Tis the season of the FIFA Women’s World Cup. This time, it’s women who are going to be playing, beginning this Sunday June 26 and ending July 17, in Germany. It may not be as popular as the men’s World Cup, but it is a busy and important year for women’s football/soccer! Will the rate of employee absenteeism be as high as when the men’s World Cup took place? Maybe not; but still, what can employers do to manage a sudden outbreak of “World Cup flu” cases in their workplace?
Christina Catenacci, BA, LLB, LLM, PhD
What do employers do when employees provide too much notice of resignation?
An oft-overlooked issue is the amount of notice that employees must give their employer when they leave. According to…
Rudner Law, Employment / HR Law & Mediation
Ongoing evolution of ‘the damages formerly known as Wallace’
As we all know, in the late 1990’s the Supreme Court of Canada held that employers had a duty to act in good faith in the course of terminating the employment relationship. In Wallace v. United Grain Growers, our High Court found that the employer had breached that duty, and the majority held that the remedy for such a breach would be to extend the applicable notice period. Over the following decade, claims for “Wallace damages” became commonplace, to say the least. Unfortunately, many courts seemed more than willing to oblige plaintiffs, finding bad faith in all sorts of circumstances that, while not demonstrative of perfect practice in the course of dismissal, hardly seemed to indicate conduct taken in bad faith.
Rudner Law, Employment / HR Law & Mediation
Employers’ obligations at federal election time and risk of non-compliance
There have been some advance polls, but May 2, 2011, is the official day when Canadians (hopefully more than predicted) will be voting in the federal election. Do you know what duties you have as an employer?
Christina Catenacci, BA, LLB, LLM, PhD