Leave and Absense

Leave and Absense

Innocent Absenteeism is Nobody’s Fault, But You Must Address It

By definition, innocent (or “non-culpable”) absenteeism is not your employee’s fault. “Innocent” absences usually relate to illness or injury—legitimate concerns that the employee cannot control. But what about the effect their missed shifts are having on your business? Is there anything you can do to get these absences reduced to a minimum?

Leave and Absense

COVID-19, Layoffs and Group Terminations

Sometimes fluctuations in your business require temporary reductions in staffing levels. Such reductions may or may not become permanent in nature. Where a layoff involves a number of employees, it may evolve into a group termination. In any event, a keen understanding of the layoff and group termination provisions in the Employment Standards Act is essential to your ability to manage your human resources efficiently.

Leave and Absense

Discharging An Employee For Innocent Absenteeism

A 2012 decision by the British Columbia Court of Appeal held that an employer’s right to terminate an employee for undue absenteeism will be taken away if the decision to dismiss an employee is influenced, at least in part, by an intent to prevent an entitlement to severance pay. More generally, the Court held that a decision to dismiss an employee for undue absenteeism must not be based upon considerations other than past and projected absenteeism.

Leave and Absense

Is Cybersacking the Way of the Future?

Some time has passed since the story of the “Cybersacked” spa employee made the front page of Kelowna’s Okanagan newspaper. The employee featured was offended to have found out she was fired by reading a message sent by her employer to her Facebook inbox.

Leave and Absense

Drunk Driving: Just Cause for Termination

Workplace intoxication is a serious issue that affects productivity and may threaten the health and safety of the workforce. When employees drive while intoxicated, they put not only their own safety at risk, but also the safety of all those with whom they share the road. Furthermore, when drunk driving is done on company time, such actions can expose employers to liability.

Leave and Absense

Strikes, Lockouts, Picketing and Replacement Workers

When collective bargaining reaches an impasse, and certain other legal rules are complied with, a legal work stoppage may occur. Work stoppages are typically referred to as either strikes or lockouts, both of which are often accompanied by picketing. The result is the partial or total withdrawal of labour and the near-total ban on the use of replacement workers.

Leave and Absense

Doctor’s Notes: When Should An Employer Ask For One?

Is it OK to ask employees for a doctor’s note if they are off work due to illness? Do you have to wait a certain number of days before you can ask for a doctor’s note?

Leave and Absense

Termination Without Cause: Determining Reasonable Notice

An employee is entitled to a certain amount of notice (or pay in lieu of notice) when their employment is terminated without cause. Terminating an employee without just cause can be complex. Employers should be careful in making determinations about the amount of notice provided to a terminated employee in order to avoid claims for wrongful dismissal.

Leave and Absense

Prohibition of Mandatory Retirement

Effective January 1, 2008, the definition of age in the Human Rights Code changed from “an age of 19 years or more and less than 65 years”, to “an age of 19 years or more”. The effect is to provide employees with the choice of whether to continue working past age 65 and to allow claims of discrimination in employment if employees are required to retire at age 65.

Leave and Absense

Just Cause and Performance Management: A Legal Perspective on Employee Dismissal

The message from the courtrooms is crystal clear: when it comes to establishing just cause for performance-based concerns, effective performance management programs are critical. Employees must be given clear direction, clear warnings and opportunities to improve.