Sleep much? Board finds that dozing off on the job is not willful misconduct

April 24, 2016 0 COMMENTS

by Avneet Jaswal

Can an employer terminate an employee for sleeping on the job on multiple occasions? The Ontario Labour Relations Board concluded that such behavior may give rise to just cause for dismissal. Can sleeping on the job amount to “willful misconduct” eliminating the employer’s obligation to pay statutory notice and severance amounts? Well, that depends. read more…

‘You’re fired’—for watching TV too much

March 27, 2016 0 COMMENTS

by Sophie Arseneault

Canadian employment law does not recognize “at will” employment. An employer requires “just cause” to terminate someone without severance pay. Can you have a just cause termination for a 26-year employee with a previously clean employment record? read more…

A slo-pitch: Playing baseball when ‘sick’ = cause for termination

March 29, 2015 0 COMMENTS

by Kyla Stott-Jess

Unexpected employee absences from work can be difficult for employers. Customer service may be compromised. Others’ jobs need to be adjusted. And an employer’s trust in the employee can be damaged. So can an employer terminate an employee for lying about the reason for an absence? read more…

Dishonesty: When can you fire someone for it?

February 01, 2015 0 COMMENTS

by Lindsey Taylor

The British Columbia Court of Appeal recently reaffirmed that dishonest conduct may be just cause for dismissal without notice. Or it may not. To determine if it is just cause, the conduct must be assessed looking at the whole context of the employment relationship. read more…

Court upholds just-cause termination based on misconduct discovered post-termination

July 27, 2014 0 COMMENTS

by Hannah Roskey

In a recent decision, a Canadian appellate-level court confirmed that employee misconduct discovered after a without-cause termination may be relied upon by an employer in support of a later argument of just cause for termination. read more…

Can you keep a secret? Court upholds termination for breach of confidentiality

January 26, 2014 0 COMMENTS

By Hannah Roskey

When will an employee’s breach of confidence justify immediate dismissal under Canadian law? A recent decision by the British Columbia Supreme Court demonstrates that clearly drafted employer policies intended to protect confidential information can indeed be strictly enforced. In Steel v. Coast Capital Savings Credit Union, the court upheld the dismissal of a 20-year employee for cause in response to her breach of confidentiality and privacy policies. read more…