By Donna Gallant

The latest price tag for terminating an employee based on inadequate investigation and preconceived notions of guilt is $500,000. In a searing decision, an Ontario arbitrator found that the Greater Toronto Airports Authority (GTAA) failed to take reasonable steps to ascertain the truth about an employee’s medical condition before it fired her for alleged sick leave fraud.

According to the arbitrator, the GTAA’s high-handed and capricious conduct amounted to a breach of trust and the GTAA was held accountable for the devastating effects the termination had on the grievor’s mental and financial wellbeing.

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By Gulu Punia

Successful headhunting can add significant value. But employers must be careful that they don’t become the hunted. As with any hunt, there are risks that may not be obvious. In the employment context, a Canadian employer may be on the hook for extended severance or risk an action from the previous employer for inducing a breach of the employment contract. The good news is that reasonable precautions can minimize these risks and result in happy hunting.

Recognition of previous service
One of the biggest risks for Canadian employers comes from an employee who’s recruited from secure employment. Such an employee may claim that previous service must be recognized by the new employer. This is particularly troublesome when the recruit is fired.

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By Alix Herber

While many employees are allowed to access and use the Internet and e-mail on company computers for “limited” personal use, it’s not uncommon for them to misuse this privilege. In Poliquin v. Devon Canada Corporation, the Alberta Court of Appeal was asked whether an employee could be fired for cause because he used his employer’s computer and Internet access to view and disseminate pornographic and racist materials in violation of the employer’s code of conduct. According to the Alberta Court of Appeal, the answer was yes.

Facts
Poliquin worked for Devon Canada for 26 years supervising between 20 and 25 employees. When he was fired for using the company’s computer to view and transmit pornographic and racist materials, he sued Devon Canada.

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By Dominique Launay

In the province of Quebec, a woman was asked to leave two different French classes in Montreal. The woman, a recent immigrant from Egypt, refused to remove her face cover. After being allowed to sit at the front of the class (so all men were behind her) and make presentations with her back to the class, she asked the three men in the class to move away from her and refused to sit around a U-table with them to converse in French. The case made headlines in Canada and illustrated the tension between gender equality and religious rights.

Human rights decisions
That tension flared into more debate in Quebec with two new rulings by Quebec’s Human Rights Commission.

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By Hadiya Roderique

Despite signs of a recovering economy, Canadian employers are still looking for ways to downsize operations and minimize human resources expenses. One cost-effective manner is to give working notice when terminating an employee.

What is working notice?
Working notice is an alternative to paying out a lump sum upon dismissal. The employee is given advance notice of his or her final date of employment and continues to work until the date of termination. Working notice allows employers to maximize productivity and value while significantly reducing the cost of termination.

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