Damages Reduced for Failure to Accept Recall After Improper Layoff
A British Columbia production supervisor has successfully sued his former employer for wrongful dismissal after he was laid off indefinitely, but the BC Supreme Court reduced the worker’s damages by half because the worker refused the employer’s offer of recall.
Most people believe that a dismissed employee should leave the premises immediately. But the over-whelming majority of employees will react as professionally as the employer permits.
Best Practices for Terminating Employees
A few years ago, we worked with a client who decided to part ways with a long-standing and trusted executive. The CEO and HR executive met with him to deliver the news, but instead of telling him to leave immediately, they gave him full control over how he spent his final day.
Top 10 Dos and Don’ts in Planning an Employee Dismissal
If you are an employer contemplating the hard decisions regarding employee lay-offs and dismissals, here are some tips to make this process go as smoothly as possible and to avoid some of the legal pitfalls that could arise from dismissing an employee.
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.
Employee Fiduciary Obligations
A 2013 decision of the Alberta Court of Appeal has confirmed that where an employer gives an employee the responsibility for handling the employer’s money, that employee has fiduciary obligations with respect to those funds. This means that where the employer makes reasonable attempts to calculate the amount of money that went missing, it is up to the employee to prove that the amount is less.
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.
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.
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.
Termination of Employment, Notice and Pay in Lieu of Notice
Upon the termination of employment, an employee is entitled to notice or payment in lieu of notice. Employers must be aware of their obligations. A failure to comply with the minimum notice standards under the Employment Standards Act can lead to further, increased damages against you.