Human Resources
Wrongful Dismissal Damages and Pension Benefits
In IBM Canada v. Waterman, the Supreme Court of Canada (“SCC”) has considered the deductibility of pension benefits from wrongful dismissal damages in a decision that may also have implications for the deductibility of other types of payments.
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.
What Happens When Small Business Ignores HR Issues
Today, small-business owners frequently hire employees without considering all potential pitfalls. They often make decisions quickly, choosing the path of least resistance. Later, such decisions can have catastrophic results; ensuing legal costs can result in bankruptcy. Even though the following five hypothetical cases don’t specifically involve tourism related businesses, it is important to realize they could!
Soft Departure
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.
Performance Reviews a Must for Success
Many employees and employers still cringe at the prospect of the annual or semi-annual performance review. Employees sometimes view them as a nerve-wracking process designed to point out their flaws. While employers sometimes view them as paperwork projects that can potentially create unneeded conflict.
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.
Progressive Discipline
To operate efficiently, most businesses follow workplace rules, policies and standards. In small businesses, enforcement of rules is often done on a casual basis by dropping a few well-placed hints in an employee’s direction. However, this type of communication is at best poor, especially when dealing with the uncomfortable task of having to discipline an employee.
Managing ‘At-Fault’ Absenteeism
At-fault (or “culpable”) absenteeism refers to when an employee is able to work scheduled shifts, but chooses not to. Most commonly, this is when a staff member calls in sick but is not actually ill. Frequently arriving late is also a type of at-fault absenteeism.
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.