Podcast
Questions and Answers
What is a good way for an employer to provide information to employees in a convenient location?
What is a good way for an employer to provide information to employees in a convenient location?
- In an employer's policy manual (correct)
- Through weekly team meetings
- Via social media channels
- By word of mouth
What does an employee handbook primarily answer?
What does an employee handbook primarily answer?
- The 'who' questions related to workplace practices
- The 'why' questions related to workplace practices
- The 'what if' questions related to workplace practices
- The 'when', 'where', and 'how' questions (correct)
What is a key purpose of an employer's policy manual?
What is a key purpose of an employer's policy manual?
- To encourage competition among employees
- To limit employee access to company information
- To ensure consistency in the treatment of employees (correct)
- To provide a historical record of employee performance
What should an employer do to maximize the benefits of a policy manual?
What should an employer do to maximize the benefits of a policy manual?
What should employers ensure when making changes to a policy manual?
What should employers ensure when making changes to a policy manual?
What can a substantial reduction in vacation time be considered?
What can a substantial reduction in vacation time be considered?
What is constructive dismissal?
What is constructive dismissal?
In the context of employment, what does 'consideration' refer to?
In the context of employment, what does 'consideration' refer to?
If proposed amendments to an employee's contract impact substantive employee rights, what should employers provide?
If proposed amendments to an employee's contract impact substantive employee rights, what should employers provide?
What is a variation clause in an employment contract?
What is a variation clause in an employment contract?
According to the Wronko decision, what must an employer do to make a fundamental change to an employment contract effective?
According to the Wronko decision, what must an employer do to make a fundamental change to an employment contract effective?
What should employers avoid doing when offering promotions?
What should employers avoid doing when offering promotions?
In Kosteckyj v Paramount Resources Ltd, what led the court to rule that the employee had acquiesced to the changes associated with the CRP?
In Kosteckyj v Paramount Resources Ltd, what led the court to rule that the employee had acquiesced to the changes associated with the CRP?
What should a company do to ensure the effectivness of advance notice?
What should a company do to ensure the effectivness of advance notice?
What is the primary way to amend an employment contract?
What is the primary way to amend an employment contract?
What should be provided without proper consideration for their to be an enforceable agreement?
What should be provided without proper consideration for their to be an enforceable agreement?
What does the Singh v. Empire Life case highlight the importance of?
What does the Singh v. Empire Life case highlight the importance of?
What is unlikely to occur if the contractual probationary period has expired?
What is unlikely to occur if the contractual probationary period has expired?
What is vital for the employer to monitor if an employment contract is for a fixed term?
What is vital for the employer to monitor if an employment contract is for a fixed term?
A court will refuse to enforce contracts that it finds obsolete because they no longer reflect what?
A court will refuse to enforce contracts that it finds obsolete because they no longer reflect what?
What are performance appraisals?
What are performance appraisals?
What are the standards that should be followed when appraisals are created?
What are the standards that should be followed when appraisals are created?
What do performance appraisals offer?
What do performance appraisals offer?
What is the secondary goal regarding the purpose of progressive discipline?
What is the secondary goal regarding the purpose of progressive discipline?
What should the level of discipline be when applying progressive discipline?
What should the level of discipline be when applying progressive discipline?
What are you demonstrating when applying steps to employees?
What are you demonstrating when applying steps to employees?
What is condonation in the context of employee misconduct?
What is condonation in the context of employee misconduct?
There are two reasons that an employer may want to suspend an employee. What is on them?
There are two reasons that an employer may want to suspend an employee. What is on them?
What term is used if there is an acceptance by one party of the conduct of another party?
What term is used if there is an acceptance by one party of the conduct of another party?
What action puts probationary employees on notice that their performance is being watched?
What action puts probationary employees on notice that their performance is being watched?
Absenteeism has two catergories in law. What is one the two categories?
Absenteeism has two catergories in law. What is one the two categories?
An employee has been absent, but their absences arise because of a legitimate medical or other cause. What have they demonstrated?
An employee has been absent, but their absences arise because of a legitimate medical or other cause. What have they demonstrated?
What is the primary goal of an attendance management program (AMP)?
What is the primary goal of an attendance management program (AMP)?
If an employers takes wrongful actions they are deemed what?
If an employers takes wrongful actions they are deemed what?
An employer does not provide the vehicle or alcohol but condones it's consumpation, what do they have a legal situation of?
An employer does not provide the vehicle or alcohol but condones it's consumpation, what do they have a legal situation of?
How can employers minimize successful constructive dismissal claims when proposing amendments to employment contracts?
How can employers minimize successful constructive dismissal claims when proposing amendments to employment contracts?
What is a key consideration for employers when determining the amount of advance notice required for changes to employment terms?
What is a key consideration for employers when determining the amount of advance notice required for changes to employment terms?
In the context of performance appraisals, what does an employee's signature on the appraisal form primarily indicate?
In the context of performance appraisals, what does an employee's signature on the appraisal form primarily indicate?
What should employers do to ensure their policy manual is considered part of employees' employment contracts?
What should employers do to ensure their policy manual is considered part of employees' employment contracts?
What is the primary purpose of an attendance management program (AMP)?
What is the primary purpose of an attendance management program (AMP)?
What is the definition of culpable absenteeism?
What is the definition of culpable absenteeism?
In the context of temporary layoffs, what did the Alberta Court of Appeal determine in the Vrana v. Procor decision?
In the context of temporary layoffs, what did the Alberta Court of Appeal determine in the Vrana v. Procor decision?
What factor is likely to determine that Kosteckyj had acquiesced to the changes associated with the CRP?
What factor is likely to determine that Kosteckyj had acquiesced to the changes associated with the CRP?
What is the legal principle of condonation in employment law?
What is the legal principle of condonation in employment law?
Under what circumstances might an employer be vicariously liable for an employee's actions?
Under what circumstances might an employer be vicariously liable for an employee's actions?
In the context of employment law, what constitutes constructive dismissal?
In the context of employment law, what constitutes constructive dismissal?
What is a key point raised by the Wronko decision regarding changes to an employment contract?
What is a key point raised by the Wronko decision regarding changes to an employment contract?
When can an employer consider skipping steps in the progressive discipline process?
When can an employer consider skipping steps in the progressive discipline process?
What is one of the requirements that courts are reluctant to support if there is an administrative suspensions?
What is one of the requirements that courts are reluctant to support if there is an administrative suspensions?
What factor determines if an employer must take reasonable care for the safety of their employees?
What factor determines if an employer must take reasonable care for the safety of their employees?
What constitutes 'consideration' when amending an employment contract?
What constitutes 'consideration' when amending an employment contract?
What is the consequence when an employer has knowledge that alcohol is bing consumed by an employee?
What is the consequence when an employer has knowledge that alcohol is bing consumed by an employee?
If an employer wants to make a fundamental change to an employee's terms of employment by providing advance notice, the
If an employer wants to make a fundamental change to an employee's terms of employment by providing advance notice, the
An employer does not include proper language and they let fixed-term employment contract lapse, what happens?
An employer does not include proper language and they let fixed-term employment contract lapse, what happens?
On what should and isn't based, should fair and effective appraisals be conducted?
On what should and isn't based, should fair and effective appraisals be conducted?
What options does an employee have when deciding to accept or deny change?
What options does an employee have when deciding to accept or deny change?
If a performance is on the decline, one of the ways an employer may have, but what is it?
If a performance is on the decline, one of the ways an employer may have, but what is it?
What is one of the negative outcomes if an employer serves an employee with Alcohol?
What is one of the negative outcomes if an employer serves an employee with Alcohol?
What is the main goal of progressive discipline?
What is the main goal of progressive discipline?
What should employees be aware of in order to adhere to the manual?
What should employees be aware of in order to adhere to the manual?
What is an express term in an employment contract that states the employer may make unilateral changes to the employment contract?
What is an express term in an employment contract that states the employer may make unilateral changes to the employment contract?
When more than one employee is affected by a significant change, an employer probably should do what?
When more than one employee is affected by a significant change, an employer probably should do what?
There are two categories for absenteeism, what is the name of the absences due to legitimate medical or other cause and employees can not be disciplined?
There are two categories for absenteeism, what is the name of the absences due to legitimate medical or other cause and employees can not be disciplined?
What should happen after an employer clearly rejects that new term, the employer must do what?
What should happen after an employer clearly rejects that new term, the employer must do what?
What type of action is corrective implemented as a result of employee misconduct?
What type of action is corrective implemented as a result of employee misconduct?
Employers have a duty to take reasonable care for the safety of their employees and others who come into contact with them with the common law makes employers what?
Employers have a duty to take reasonable care for the safety of their employees and others who come into contact with them with the common law makes employers what?
When an employment contract is about to go into a fixed term it is important that the employer do what?
When an employment contract is about to go into a fixed term it is important that the employer do what?
With what is not related, can discipline be applied in a progressive way even when related?
With what is not related, can discipline be applied in a progressive way even when related?
What critical factor must employers consider when implementing changes to company rules affecting fundamental terms of the employment agreement?
What critical factor must employers consider when implementing changes to company rules affecting fundamental terms of the employment agreement?
Under what condition will a court MOST likely enforce contracts that are deemed obsolete and no longer reflect terms and conditions of employment?
Under what condition will a court MOST likely enforce contracts that are deemed obsolete and no longer reflect terms and conditions of employment?
Which scenario BEST illustrates a situation where an employer might be considered to have condoned employee misconduct?
Which scenario BEST illustrates a situation where an employer might be considered to have condoned employee misconduct?
What is the PRIMARY concern an employer should address when considering administrative suspension of an employee?
What is the PRIMARY concern an employer should address when considering administrative suspension of an employee?
When applying progressive discipline, which approach is MOST likely to be considered inappropriate or legally challengeable?
When applying progressive discipline, which approach is MOST likely to be considered inappropriate or legally challengeable?
In the context of temporary layoffs, what action should an employer in Alberta take to comply with the 'spirit' of the Employment Standards Code, according to the Vrana v Procor decision?
In the context of temporary layoffs, what action should an employer in Alberta take to comply with the 'spirit' of the Employment Standards Code, according to the Vrana v Procor decision?
What is the MOST significant risk an employer faces when allowing a fixed-term employment contract to extend beyond its original expiry date?
What is the MOST significant risk an employer faces when allowing a fixed-term employment contract to extend beyond its original expiry date?
When determining if an employee's actions fall within the course and scope of their employment, for the purposes of vicarious liability, what situation would MOST likely lead an employer to be held liable for an employee's actions?
When determining if an employee's actions fall within the course and scope of their employment, for the purposes of vicarious liability, what situation would MOST likely lead an employer to be held liable for an employee's actions?
In the context of performance appraisals, how should supervisors be trained to balance honesty and encouragement to ensure the appraisals are useful and legally defensible?
In the context of performance appraisals, how should supervisors be trained to balance honesty and encouragement to ensure the appraisals are useful and legally defensible?
How can employers BEST mitigate risks related to employee alcohol consumption at company-sponsored events?
How can employers BEST mitigate risks related to employee alcohol consumption at company-sponsored events?
If an employer wants to implement an express declaration that after the end of the notice period, the employee may not work under the existing terms, what must the employer do?
If an employer wants to implement an express declaration that after the end of the notice period, the employee may not work under the existing terms, what must the employer do?
When are two categories used when determine if a termination is a constructive dismissal, which are the two used by the courts?
When are two categories used when determine if a termination is a constructive dismissal, which are the two used by the courts?
In a circumstance where an employee has been dismissed, but the employer has failed provide the opportunity to imporve their performance what can an employer argue to support?
In a circumstance where an employee has been dismissed, but the employer has failed provide the opportunity to imporve their performance what can an employer argue to support?
During what reason, is there is a legitimate medical cause to show "innocent absenteeism"?
During what reason, is there is a legitimate medical cause to show "innocent absenteeism"?
How should an organization develop when ensuring employers must what to take in employee's account for a record, relating to attendance record?
How should an organization develop when ensuring employers must what to take in employee's account for a record, relating to attendance record?
The common law makes employers liable, but the employer is legally able to be responsible for someone's actions if what?
The common law makes employers liable, but the employer is legally able to be responsible for someone's actions if what?
When an employers has knowledge of an employee has been drinking too much what should they not do to protect their duty for one?
When an employers has knowledge of an employee has been drinking too much what should they not do to protect their duty for one?
How can an organization prevent getting involved for liable accidents for employees and employees on the road?
How can an organization prevent getting involved for liable accidents for employees and employees on the road?
For the "progressiv discipline", what would be applied upon progressive way even when behaviour is unreleated?
For the "progressiv discipline", what would be applied upon progressive way even when behaviour is unreleated?
Regarding workplace, there is considerable amount issues from the romances in the workplace, that should be discouraged due the impact?
Regarding workplace, there is considerable amount issues from the romances in the workplace, that should be discouraged due the impact?
An organization wanted to make some changes to their "benfits package", due to have a competive marketplace what should they be?
An organization wanted to make some changes to their "benfits package", due to have a competive marketplace what should they be?
After several warnings and skills, Bev has be placed for performance and improved by being awared that her job will be at stakes for what can you say as a response?
After several warnings and skills, Bev has be placed for performance and improved by being awared that her job will be at stakes for what can you say as a response?
If an organization has decided to implement a dress code, what considerations to provide that to an employee's perspective?
If an organization has decided to implement a dress code, what considerations to provide that to an employee's perspective?
How is well drafting drafted an employers?
How is well drafting drafted an employers?
What is needed if companies want to maximize companies benfits?
What is needed if companies want to maximize companies benfits?
What are important points regarding for progressive disciplining for employers to look at?
What are important points regarding for progressive disciplining for employers to look at?
From the Court which has provided with what the spirit as required by the Code?
From the Court which has provided with what the spirit as required by the Code?
Under is what an employer to use for some form of a device to show what and what is to miss with dates?
Under is what an employer to use for some form of a device to show what and what is to miss with dates?
What does progressive discipline offers for the employer?
What does progressive discipline offers for the employer?
Should the change is a detriment or be happy with the promotion an employee who is unhappy or struggles with position may or may not show to their work?
Should the change is a detriment or be happy with the promotion an employee who is unhappy or struggles with position may or may not show to their work?
For the attendance management program (AMP), what action should the organizaiton take to keep a good recording?
For the attendance management program (AMP), what action should the organizaiton take to keep a good recording?
When may steps being skipped from the disciplinary policies for progressive discipline?
When may steps being skipped from the disciplinary policies for progressive discipline?
How are the requirements in accordance of Ontario with Wronko versus Kafka?
How are the requirements in accordance of Ontario with Wronko versus Kafka?
Before an employee is on probation, what must their be?
Before an employee is on probation, what must their be?
In evaluating whether implementing a masking policy during a pandemic constitutes constructive dismissal, which factor would a court MOST likely consider paramount?
In evaluating whether implementing a masking policy during a pandemic constitutes constructive dismissal, which factor would a court MOST likely consider paramount?
What condition would allow an employer to not have to provide advance notice of a workplace change?
What condition would allow an employer to not have to provide advance notice of a workplace change?
Which legal principle primarily dictates that changes to fundamental terms of an employment agreement require mutual consent and 'fresh consideration' to be enforceable?
Which legal principle primarily dictates that changes to fundamental terms of an employment agreement require mutual consent and 'fresh consideration' to be enforceable?
How does the Wronko decision MOST significantly alter the traditional understanding of amending employment contracts with advance notice?
How does the Wronko decision MOST significantly alter the traditional understanding of amending employment contracts with advance notice?
In the Kafka v. Allstate Insurance Company of Canada decision, what critical factor distinguished it from the Wronko ruling regarding employment contract amendments?
In the Kafka v. Allstate Insurance Company of Canada decision, what critical factor distinguished it from the Wronko ruling regarding employment contract amendments?
When proposing a significant change, what is MOST likely necessary for the employer to do?
When proposing a significant change, what is MOST likely necessary for the employer to do?
Which assessment is MOST accurate regarding the impact of a variation clause within an employment contract?
Which assessment is MOST accurate regarding the impact of a variation clause within an employment contract?
In situations where an employer intends to add a non-competition clause mid-employment, which requirement is MOST critical to ensure the clause's enforceability?
In situations where an employer intends to add a non-competition clause mid-employment, which requirement is MOST critical to ensure the clause's enforceability?
In scenarios where an employee's skills are misaligned with their duties, what course of action would indicate that the employer has a strong understanding of performance appraisals?
In scenarios where an employee's skills are misaligned with their duties, what course of action would indicate that the employer has a strong understanding of performance appraisals?
Which constitutes the MOST direct method for an organization to demonstrate adherence to principles of natural justice during administrative suspension of an employee?
Which constitutes the MOST direct method for an organization to demonstrate adherence to principles of natural justice during administrative suspension of an employee?
What should be the PRIMARY objective when implementing a progressive discipline program in an organization, bearing in mind potential legal ramifications?
What should be the PRIMARY objective when implementing a progressive discipline program in an organization, bearing in mind potential legal ramifications?
An employee has had a verbal warning as per the progressive disciplinary procedure, but their behaviour has not improved, what is the next step?
An employee has had a verbal warning as per the progressive disciplinary procedure, but their behaviour has not improved, what is the next step?
What consideration is MOST important for an employer when determining appropriate action after discovering an employee has violated a company policy?
What consideration is MOST important for an employer when determining appropriate action after discovering an employee has violated a company policy?
Under what circumstances does the legal principle of 'condonation' pose the GREATEST risk to an employer's ability to discipline an employee?
Under what circumstances does the legal principle of 'condonation' pose the GREATEST risk to an employer's ability to discipline an employee?
What best demostrates what an employer must prove if there is an effort to indicate the employee is on probation?
What best demostrates what an employer must prove if there is an effort to indicate the employee is on probation?
When non-unionized employees are temporarily placed on leave, what is the most likely issue to arise?
When non-unionized employees are temporarily placed on leave, what is the most likely issue to arise?
In contexts necessitating temporary layoffs, what obligation does an employer possess under jurisprudence derived from the Vrana v. Procor decision?
In contexts necessitating temporary layoffs, what obligation does an employer possess under jurisprudence derived from the Vrana v. Procor decision?
What principle is MOST important for a company to remember when determining "excessive absenteeism"?
What principle is MOST important for a company to remember when determining "excessive absenteeism"?
Within attendance management programs (AMPs), what primary safeguard should employers implement to mitigate risks of discriminatory practices?
Within attendance management programs (AMPs), what primary safeguard should employers implement to mitigate risks of discriminatory practices?
To avoid the find of the possibility of finding constructive dismissal, many employers with non-unionized employees have adopted a discipline policy that excudes what action?
To avoid the find of the possibility of finding constructive dismissal, many employers with non-unionized employees have adopted a discipline policy that excudes what action?
When is a dismissal the MOST likely to be a constructive dismissal?
When is a dismissal the MOST likely to be a constructive dismissal?
Under what condition that an employer can avoid vicarious liability?
Under what condition that an employer can avoid vicarious liability?
What is the MOST critical factor in determining whether an employer can be held vicariously liable for actions of an employee consuming alcohol at a company event?
What is the MOST critical factor in determining whether an employer can be held vicariously liable for actions of an employee consuming alcohol at a company event?
What constitutes the MOST defensible employer action when confronted with evidence an employee is impaired by cellphone use while operating a company vehicle?
What constitutes the MOST defensible employer action when confronted with evidence an employee is impaired by cellphone use while operating a company vehicle?
In the Mugford v. Kodiak Construction Ltd. case, what factor MOST significantly influenced the Alberta Court of Appeal's decision regarding vicarious employer liability?
In the Mugford v. Kodiak Construction Ltd. case, what factor MOST significantly influenced the Alberta Court of Appeal's decision regarding vicarious employer liability?
How do the circumstances in John v. Flynn contrast with those in Hunt v. Sutton Group to affect the determination of employer vicarious liability concerning employee intoxication?
How do the circumstances in John v. Flynn contrast with those in Hunt v. Sutton Group to affect the determination of employer vicarious liability concerning employee intoxication?
An employee handbook usually answers the 'when', 'where', and 'how' questions.
An employee handbook usually answers the 'when', 'where', and 'how' questions.
An employer's policy manual helps ensure inconsistency in an employer's treatment of employees.
An employer's policy manual helps ensure inconsistency in an employer's treatment of employees.
A policy manual automatically binds the employee.
A policy manual automatically binds the employee.
The employment contract or letter of hire should specifically incorporate the policy manual.
The employment contract or letter of hire should specifically incorporate the policy manual.
Employees should be allowed to remain ignorant of the consequences of failing to adhere to the manual.
Employees should be allowed to remain ignorant of the consequences of failing to adhere to the manual.
When constructive dismissal occurs, the employer unilaterally makes slight changes to the essential elements of the employment contract.
When constructive dismissal occurs, the employer unilaterally makes slight changes to the essential elements of the employment contract.
A minor change to the employment contract, such as modifying a procedure for applying for reimbursements, requires negotiation with the employee.
A minor change to the employment contract, such as modifying a procedure for applying for reimbursements, requires negotiation with the employee.
Constructive dismissal can occur if an employee is harassed such that the environment becomes untenable.
Constructive dismissal can occur if an employee is harassed such that the environment becomes untenable.
If an employee consents to changes in their contract, it can still be considered constructive dismissal.
If an employee consents to changes in their contract, it can still be considered constructive dismissal.
A variation clause in an employment contract states that the employee can make unilateral changes to the employment contract.
A variation clause in an employment contract states that the employee can make unilateral changes to the employment contract.
An employer can avoid constructive dismissal claims by only making changes to employment contracts that increase employee rights.
An employer can avoid constructive dismissal claims by only making changes to employment contracts that increase employee rights.
Providing 'fresh consideration' is one way to amend the employment contract.
Providing 'fresh consideration' is one way to amend the employment contract.
Employers should coerce employees to accept promotions.
Employers should coerce employees to accept promotions.
Performance evaluation is a form of discipline.
Performance evaluation is a form of discipline.
Disciplining employees can only be done with negative feedback.
Disciplining employees can only be done with negative feedback.
Supervisors should not be trained to conduct fair and effective performance appraisals.
Supervisors should not be trained to conduct fair and effective performance appraisals.
Performance appraisals should be conducted objectively based on the employee's feelings.
Performance appraisals should be conducted objectively based on the employee's feelings.
In progressive discipline, the level of discipline must be proportionate to the employee's misconduct.
In progressive discipline, the level of discipline must be proportionate to the employee's misconduct.
Progressive discipline should punish and not correct behaviour.
Progressive discipline should punish and not correct behaviour.
An employer is not responsible for providing acceptable standards of conduct in their policy manual.
An employer is not responsible for providing acceptable standards of conduct in their policy manual.
Condonation occurs when an employer is not aware of misconduct but takes disciplinary action on an employee.
Condonation occurs when an employer is not aware of misconduct but takes disciplinary action on an employee.
An employer can always use prior condoned misconduct as a basis for discipline
An employer can always use prior condoned misconduct as a basis for discipline
Employees can never be subject to disciplinary measures under any measures.
Employees can never be subject to disciplinary measures under any measures.
Only unionized employees can be placed on a probationary period.
Only unionized employees can be placed on a probationary period.
There is no need to consider the possibility that the employee will bring an action for damages for constructive dismissal when a non-unionized employee has a temporary layoff for economic reasons.
There is no need to consider the possibility that the employee will bring an action for damages for constructive dismissal when a non-unionized employee has a temporary layoff for economic reasons.
A temporary layoff always requires advance notice.
A temporary layoff always requires advance notice.
Culpable absenteeism involves blameworthy absences.
Culpable absenteeism involves blameworthy absences.
Innocently absent employees can never be subject to disciplinary measures.
Innocently absent employees can never be subject to disciplinary measures.
When developing or reviewing AMPs, employers should not give consideration to age, disability, or family status.
When developing or reviewing AMPs, employers should not give consideration to age, disability, or family status.
An employees' actions can't be an employers responsibility.
An employees' actions can't be an employers responsibility.
It is easy to see if an employee's wrongful act is closely connected to their employment that the employer will be held responsible.
It is easy to see if an employee's wrongful act is closely connected to their employment that the employer will be held responsible.
An employer is never liable for providing alcohol if an employee gets into an incident.
An employer is never liable for providing alcohol if an employee gets into an incident.
If an employer allows an employee to drive a company car the employer becomes vicariously liable for the employee when they are behind the wheel.
If an employer allows an employee to drive a company car the employer becomes vicariously liable for the employee when they are behind the wheel.
Employers are always responsible for their employees following the law.
Employers are always responsible for their employees following the law.
Employers should not take any action when alcohol is served at employer-sponsored events.
Employers should not take any action when alcohol is served at employer-sponsored events.
An employer policy manual ensures consistency in the treatment of employees and provides managers with pre-established rules.
An employer policy manual ensures consistency in the treatment of employees and provides managers with pre-established rules.
If a company rule leading to dismissal is well communicated, consistently enforced, and deemed reasonable, employees do not necessarily need to be advised of the potential for termination for breaking it.
If a company rule leading to dismissal is well communicated, consistently enforced, and deemed reasonable, employees do not necessarily need to be advised of the potential for termination for breaking it.
Constructive dismissal occurs only when an employer directly and explicitly terminates the employment contract, leading to its obvious breach.
Constructive dismissal occurs only when an employer directly and explicitly terminates the employment contract, leading to its obvious breach.
If an employee consents to an employer's conduct, even if it alters an essential term of the employment contract, it is considered a unilateral breach of contract.
If an employee consents to an employer's conduct, even if it alters an essential term of the employment contract, it is considered a unilateral breach of contract.
In cases of constructive dismissal, a reduction in pay must always be substantial (e.g., 25% or more) to be considered a repudiation of existing employment terms.
In cases of constructive dismissal, a reduction in pay must always be substantial (e.g., 25% or more) to be considered a repudiation of existing employment terms.
In situations involving a proposed change to an employment contract, obtaining written and informed consent from the employee does not guarantee complete immunity from constructive dismissal claims, but it significantly reduces the likelihood of such assertions.
In situations involving a proposed change to an employment contract, obtaining written and informed consent from the employee does not guarantee complete immunity from constructive dismissal claims, but it significantly reduces the likelihood of such assertions.
Offering continued employment alone constitutes sufficient 'fresh consideration' to validate significant alterations to an employment contract, such as reduced compensation or diminished responsibilities.
Offering continued employment alone constitutes sufficient 'fresh consideration' to validate significant alterations to an employment contract, such as reduced compensation or diminished responsibilities.
When modifying an employment agreement, providing advance notice of the changes is always sufficient, regardless of whether the employee accepts the new terms.
When modifying an employment agreement, providing advance notice of the changes is always sufficient, regardless of whether the employee accepts the new terms.
If an employer provides a legally sound explanation of changed employment conditions, the employee is unable to pursue punitive action.
If an employer provides a legally sound explanation of changed employment conditions, the employee is unable to pursue punitive action.
In collective bargaining under the common law, both parties must receive consideration when amending an employment contract or the amendation fails to be enforceable.
In collective bargaining under the common law, both parties must receive consideration when amending an employment contract or the amendation fails to be enforceable.
Inadvertently allowing an employment contract's fixed term to lapse does not alter its original terms, but is subject to legal review upon expiry.
Inadvertently allowing an employment contract's fixed term to lapse does not alter its original terms, but is subject to legal review upon expiry.
An employer's well-documented history of performance problems outweighs the employee's attempts at improvement.
An employer's well-documented history of performance problems outweighs the employee's attempts at improvement.
During performance appraisals, supervisors should prioritize the more positive qualities of underperforming employees.
During performance appraisals, supervisors should prioritize the more positive qualities of underperforming employees.
Progressive discipline first originated in unionized workplaces but is not permissible in non-unionized labour environments.
Progressive discipline first originated in unionized workplaces but is not permissible in non-unionized labour environments.
Clear misconduct, proportionate discipline, and accounting for incidents' timeline are all factors accounted for when applying progressive discipline.
Clear misconduct, proportionate discipline, and accounting for incidents' timeline are all factors accounted for when applying progressive discipline.
Suspensions without any pay may be levied in order to remedy unsatisfactory behaviour from an employee.
Suspensions without any pay may be levied in order to remedy unsatisfactory behaviour from an employee.
Non-disciplinary terminations cannot occur in an employment that has grown to cause difficulty for an employer.
Non-disciplinary terminations cannot occur in an employment that has grown to cause difficulty for an employer.
Should the standards of attendance be unobtainable, employers are still liable to impose standards in attendance management programs.
Should the standards of attendance be unobtainable, employers are still liable to impose standards in attendance management programs.
In cases of excessive blameworthy or uncorrectable actions by an employee's actions, temporary leave does not have direct effects.
In cases of excessive blameworthy or uncorrectable actions by an employee's actions, temporary leave does not have direct effects.
If an owner approves a non-authorized action, the wrongful act does not connect their responsibility; it is not closely tied to the employment.
If an owner approves a non-authorized action, the wrongful act does not connect their responsibility; it is not closely tied to the employment.
An employer has no recourse if an employee causes them harm on his or her own accord.
An employer has no recourse if an employee causes them harm on his or her own accord.
An employer's responsibility is not greater if it serves alcohol to an employee at workplace due to personal preference.
An employer's responsibility is not greater if it serves alcohol to an employee at workplace due to personal preference.
Express consent of employee vehicle use negates employer responsibility should recklessness occur.
Express consent of employee vehicle use negates employer responsibility should recklessness occur.
If an organization is unaware of potentially unlawful employee actions, it does not have an obligation to monitor or change the employee's activities, regardless of the harm.
If an organization is unaware of potentially unlawful employee actions, it does not have an obligation to monitor or change the employee's activities, regardless of the harm.
Distracted driving laws are not present in Canada.
Distracted driving laws are not present in Canada.
Providing fair notice to employees who are about to be placed on temporary layoff is at the employer's discretion and not a legal obligation.
Providing fair notice to employees who are about to be placed on temporary layoff is at the employer's discretion and not a legal obligation.
Express allowance in policy and/or contract for layoffs absolves nonunion employers when constructive dismissal stems from that event.
Express allowance in policy and/or contract for layoffs absolves nonunion employers when constructive dismissal stems from that event.
Employers can use probationary periods as part of progressive discipline programs to meet performance requirements of employees.
Employers can use probationary periods as part of progressive discipline programs to meet performance requirements of employees.
Applying a probationary clause in labour relations cases is effective at resolving employee misconduct and protecting from unlawful dismissal claims.
Applying a probationary clause in labour relations cases is effective at resolving employee misconduct and protecting from unlawful dismissal claims.
Whether or not employees speak up and voice their discontent with significant unilateral changes in the terms and conditions of employment, an employer may also be faced with resentment and declining morale if it chooses to institute such changes without at least some notice and some explanation.
Whether or not employees speak up and voice their discontent with significant unilateral changes in the terms and conditions of employment, an employer may also be faced with resentment and declining morale if it chooses to institute such changes without at least some notice and some explanation.
Flashcards
Employer Policy Manual
Employer Policy Manual
A document containing employment policies and procedures
Constructive Dismissal
Constructive Dismissal
Dismissal occuring when an employer makes substantial changes to the contract to the detriment of the employee
Variation Clause
Variation Clause
An express term in an employment contract allowing the employer to make unilateral changes
Fresh Consideration
Fresh Consideration
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Performance Appraisals
Performance Appraisals
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Progressive Discipline
Progressive Discipline
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Condonation
Condonation
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Probation
Probation
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Temporary Layoff
Temporary Layoff
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Culpable Absenteeism
Culpable Absenteeism
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Innocent Absenteeism
Innocent Absenteeism
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Attendance Management Programs
Attendance Management Programs
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Vicarious Liability
Vicarious Liability
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Individual Contract of Employment
Individual Contract of Employment
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Policy Manual Functions
Policy Manual Functions
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Incorporating Manuals into Contracts
Incorporating Manuals into Contracts
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Provide Manuals Early
Provide Manuals Early
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Communicate Policy Changes
Communicate Policy Changes
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Acknowledge the Policy Manual
Acknowledge the Policy Manual
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Introducing Minor Changes
Introducing Minor Changes
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Constructive Dismissal Examples
Constructive Dismissal Examples
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Determining a Contract Breach
Determining a Contract Breach
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Avoid Coercing Promotions
Avoid Coercing Promotions
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Acquiescing to New Terms
Acquiescing to New Terms
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Negotiated Contract Amendment
Negotiated Contract Amendment
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If Amendment is Refused
If Amendment is Refused
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Monitoring Fixed-Term Contracts
Monitoring Fixed-Term Contracts
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Revisit Contracts
Revisit Contracts
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Performance Appraisals- An Alert
Performance Appraisals- An Alert
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Policy Manual Consistency
Policy Manual Consistency
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Challenge to new contract terms
Challenge to new contract terms
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Consequences for change refusal
Consequences for change refusal
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Unable to Perform Higher Role
Unable to Perform Higher Role
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Communicate Expected of Employees
Communicate Expected of Employees
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Useful evaluations
Useful evaluations
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Advance Notice Is Better Communication
Advance Notice Is Better Communication
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Individual AMP Analysis
Individual AMP Analysis
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Liability: Scope Of Employment
Liability: Scope Of Employment
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Mitigating Risk; Negligent Conditions
Mitigating Risk; Negligent Conditions
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Avoid Dismissals and Suspensions
Avoid Dismissals and Suspensions
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Policy manual
Policy manual
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Amendment Requirements
Amendment Requirements
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Refusal Results
Refusal Results
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The correct period of prior warning.
The correct period of prior warning.
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Minor Rule Changes
Minor Rule Changes
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Policy Manual Benefit
Policy Manual Benefit
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Express Declaration
Express Declaration
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Social Media Policy
Social Media Policy
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Constructive dismissal test.
Constructive dismissal test.
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How to recognize constructive dismissal changes.
How to recognize constructive dismissal changes.
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Paper Trail Importance
Paper Trail Importance
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Incidents of misconduct warranting immediate termination.
Incidents of misconduct warranting immediate termination.
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An administrative suspension.
An administrative suspension.
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Key aspect of "culpable" absences.
Key aspect of "culpable" absences.
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What is constructive dismissal?
What is constructive dismissal?
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What is an Employee Handbook?
What is an Employee Handbook?
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Policy Standards of Conduct
Policy Standards of Conduct
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What are performance appraisals for?
What are performance appraisals for?
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What is Progressive Discipline?
What is Progressive Discipline?
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What is condonation?
What is condonation?
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Take Reasonable Care?
Take Reasonable Care?
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If and when is a person liable?
If and when is a person liable?
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What happens until the period expires?
What happens until the period expires?
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Protect the business interest.
Protect the business interest.
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Study Notes
Navigating the Employment Relationship
- The employment relationship for non-unionized employees is based on an individual contract, whether written or oral.
- Contract terms include those expressly agreed upon and those implied by common law.
- Common law principles of contract, like the need for consideration, are relevant.
- Changes to the contract require consideration if disadvantageous.
- Parties must consider constructive dismissal rules if changes significantly alter duties or impose discipline
- This chapter considers legal and human resources practices for employers to consider when navigating the ongoing employment relationship.
- Learning outcomes include an understanding the effective use of a policy manual while learning the legal requirements for amending an employment contract and to identify management issues plus explaining an employer's liability for damages caused.
Employer Policy Manuals
- Most organizations should have a policy manual with employment policies/procedures.
- Larger Employers often use a user-friendly version being and Employee Handbook.
- Employee handbooks answer “when,” “where,” and “how” questions.
- Policy manuals provide insight into "why."
- Policy manuals should cover basic rights/responsibilities and direct employees to policies
- Policy manuals fulfill legal and communicative functions by effectively providing information in a centralized way.
- Policy manuals communicate organization expectations and include company rules on dress codes, benefits, disciplinary procedures, and harassment policy.
- Policy manuals are a convenient way to make minor changes to company rules.
- For significant changes, additional steps are necessary, especially when affecting fundamental employment agreement terms.
- Policy manuals help ensure consistency by providing managers with pre-established rules.
- Treating employees consistently and predictably is crucial for being perceived as a fair employer, reducing dissatisfaction and disputes.
- Policy manuals don't automatically bind employees, so employers must take steps to ensure it forms part of the employment contract.
- To maximize policy manual benefits, employers should incorporate the manual into employment contracts, give employees copies before work, draft the manual clearly, apply policies consistently, provide up-to-date copies, and give notice of changes.
- Employers should have employees acknowledge in writing they reviewed the manual and any changes and ensure employees know the consequences of non-compliance, advising of sole discretion to make changes, and updating the manual for compliance
Daley v Depco International Inc
- This case demonstrates the importance of effectively implementing an employment policy manual.
- The employer's progressive discipline policy was the core of its defense for just cause to dismiss an employee.
- The Court approved Depco’s employee handbook distribution and employee sign-offs confirming its rules.
- The acknowledgment stated failure to adhere to policies may result in action or dismissal.
- Depco's progressive discipline policy implementation was crucial in the Court's decision.
- For a breach of a company rule to constitute just cause for dismissal, factors must exist including rules that are reasonable, communicated and sufficiently important and that termination could occur. A final consideration is whether a reasonable excuse existed.
Changing Employment Terms and Conditions
- Introducing contract changes during employment raises issues.
- Minor changes can be announced and distributed.
- Significant changes can lead to constructive dismissal if they fundamentally alter the agreement
- Consideration must be provided for a change to be binding.
Constructive Dismissal
- Constructive dismissal occurs when employers unilaterally make substantial changes to essential terms of the employment contract.
- Employees can accept changes or inform changes to the employer, constitutes dismissal, quit/sue or remain in position/sue for the difference in pay.
- Farber v Royal Trust Company defined constructive dismissal in Canada and constitutes dismissal when there is substantial change to the contract terms.
- Examples of constructive dismissal include vacation and salary including a demotion and refusal to fulfil conditions of employment plus harrassment or forcing employees to accept changes (Being Fired).
- Potter v New Brunswick Legal Aid Services Commission established that that there are 2 branches to constructive dismissal , substantial breach of contract and no objective reason that employees should no longer be bound.
- 25% pay reduction or job duty downgrade indicates a repudiation of terms making a dismissal.
- Less obvious changes like modifying commission are less clear and need to be examined how employee was impacted
- The actions must be deemed and obvious and the cumulative actions may lead a person to see the Employer was forcing them and indicating not being valued.
British Columbia Cases on Constructive Dismissal
- Two British Columbia cases that applied the 2nd branch of Potter which is that the employers conduct showed that they wanted the employee to leave
- De Vink v Schaffer Residences Inc, the employee said that there was an intolerable environment because she asked for a rise after co-worker disagreement, bullying and harassment.
- The judge and claims failed because she instigated to conflict, rather than co-workers of supervisor
Federickson v Newtech Dental Laboratory Inc
- This case found that there was mistreatment that would make the workplace intolerable and fired because slowdown in business.
- The employer requested her return, she rejected because the business owner secretly recorded two conversations.
- Court of Appeal rules that the original business environment was wrong and employer breached confidence.
- On the basis of Potter return was intolerable and not required to damages
- Potter cases includes job responsibilities, reductions in employees pay, work days relocation and unfair probation and hostile work environment.
Matthew v Ocean Nutrition Canada Ltd
- This case reaffirmed the Potter case and provided that approach is remedies for constructive dismissal and is a way the law provides reasonable notice.
- Entitlement to compensate the amount of bonus if the employment did not reach conditions to provide a Breach (Implying Proper Notice).
- Employer fails to give proper notice or pay = breaching payments and not terminating
Covid-19 Era Dismissal Challenges
- Benke v Loblaw Companies Limited indicates being put on unpaid lead due to rejection to comply with mask = Resigned
- No evidence requirements (medical, health and the courts were unable to provide discrimination with regards to Employee Condition).
- No Breach for unpaid agreement
- The Court noted that the employee's job responsibilities had not changed and rather the only thing that was different was a requirement to wear a mask.
- The masking policy was also co-extensive with legal requirements imposed by municipalities and public health authorities. The Court recognized the essence of the working relationship.
Making Changes to Employment Contracts
- Legal obligations to meet = Employers can agree in the following ways.
- Variation Clauses = Employer can take unilateral changes.
- Written informed to amend = Minimized Constructions of Amendments
- Provide new conversations and employers = Bonus Vacation Accepting Contract
- Reasonable chance of the Change = Reasonable times
- Employers should include an express declaration that the employee may not continue under the existing employment terms after the end of the notice period
Wanko v Western Inventory Service Ltd
- Court held that Western letter was fired on Western. Two years payments of letter from employment agreement.
- Issue , Can Employers Change the Terms and the changes and what
- Court found Wanko which must notify in advance and explicit reasons of rejecting.
Kafka v Allstate Insurance Company of Canada
- This case was advised insurance that companies were aware and Allstate made its clear and continuing payments.
Advance Notice Changes is Clear, The Change is Not Accepted
- Determine of Advanced Notice = What is Proper depending on the circumstance , termination and absence
Employers Should Try to Follow
- Senior managerial level that Promotion Negative
Kosteckyj v Paramount Resources Ltd
- Found that 25 days of movement the decision are to make changes with non-constructively dismissed
- The courts found reasonable
- The Court of Appeal found that the implementation of the CRP was not a constructive dismissal (meaning that Kosteckyj’s entitlements on termination were to be calculated in accordance with her reduced post-CRP compensation). Because Kosteckyj continued to work for three weeks without communicating dissatisfaction, she had acquiesced to the CRP
Providing Consideration : New Terms
- Provide something of value
Signh v Empire Life
- Not in a Position by Singh, Empire and August is getting $170, 000 and September 1, not contracts, and then is a new 24 month deal (February).
- Court, damages (Upheld). Original Agreement. Not Sufficient Consideration. Singh should not be much.
- The courts in BC and elsewhere have affirmed the general principle that modification of a pre-existing contract will not be enforceable unless there is some further benefit to both parties.
Techform Products Ltd v Wolda
- Courts have found that where an employer is in a position to terminate an agreement with little or no notice, and clearly intends to do so if the new terms of the agreement are not accepted, a promise not to terminate if the employee agrees to a new term may constitute consideration.
Contract Monitoring
- Must be properly, costly (Employee has to observe)
- With fixed-term contracts, employers should monitor the expiry date to avoid automatic conversion to an indefinite-term contract
- To avoid missing important dates, an employer should use a reminder system
- Periodically revisit all employment contract to ensure reflections on current
ABC Benefit Corporations
- It is very likely never the subject of litigation
Performance Apprailsal
- Give chance to feedback, regular basis and allows problems earlier and effectively and look elsewhere. Lay ground in case and difficult
- Training supervisors to conduct fair and effective appraisals is essential
- Conduct performance appraisals objectively and regularly, as well as separately from salary reviews.
- Supervisors have a natural reluctance to raise performance problems with employees for fear of a hostile response. A series of inappropriately positive reviews makes it difficult for an employer to allege just cause for dismissing an employee.
Progressive Dicipline
- Actions More (Increases Steps), Employee be eventually entitled for disciplinary actions
- Emphasizes correcting behavior over punishment
- Steps in a progressive discipline program should include outlining standards of conduct with consequences, describing potential disciplinary actions, that discipline is proportionate, clarify that it's not performance feedback, document every step, ensure improvement plans are realistic, and provide adequate time while asking for employee comments
- Unless an employer has a well-known policy regarding suspensions, suspensions without pay may constitute constructive dismissal, because under the common law an employer has no inherent right to suspend an employee for any reason
Motta v Davies Wire Industires Ltd
- Manager not given opportunities to improve
- Court finds gross Management, Insobordination was upheld and failed to perform the responsibilities. The judge was in agreement
- The judge also noted that while insubordination for something minor may not constitute cause for termination, insubordination by senior managers is more serious in character because it has greater potential to impact operational integrity and can be more difficult to detect. Furthermore, the insubordination was aggravated by two incidents of dishonesty that went to the heart of the employment relationship
Disciplinary
- An approach gives better to improve or a better challenge for being.
Employee Misduduct Actions for condoning
- Failure and being can apply
- Condonation happens when an employer is aware of misconduct and doesn't take disciplinary action in reasonable time
- An employer who condones misconduct may not be able to use it for discipline or dismissal later
Suspensions In The Workplace
- Must be an implied term and employer can clear action
- Must have clear well spoken language
- Having a clear and well communicated process
- Employers must follow certain rules regarding administrative suspensions to meet required actions
- Suspension must protect legitimate business interests, acting in good faith and a short fixed term
- A question arises as to whether an employer has the authority to suspend in non-union, without pay as a form of action or dismissive
- In a circumstance and basis of the intent to meet these rights
- To avoid constructive dismissal, some non-unionized employers exclude suspensions from their discipline policies
- Reasonable action must be taken if an employee is suspended, as an unreasonable suspension is constructive dismissal
Probation
- Performance requirements for that action
- In English v NBI Canada Inc, an employer put an employee on probation but terminated them before the probation period ended and was unsuccessful.
- Placing employees on probation is increasing uncommon with employers and is ineffective in remediating from action or claims.
- mere dissatisfaction with an employee’s performance is not sufficient reason for dismissal
Temporary Layoffs
- Not constructive by Law
- The Employment Standards Code in Alberta allows employers to temporarily lay off employees for up to 60 days.
- The Employment Standards Act recognizes a temporary layoff as lasting up to 13 weeks in a 20-week period in BC.
- As stated in the Morgan J. decision
- An employer has no right to impose a layoff either by statute or common law, unless that right is specifically agreed upon in the contract of employment.
Vrana v Porcor Limited
- Given letter Shortage of work, the temporary is an option
- No misunderstanding
- When invoking layoff, employers should to to provide fair notice to the employee of the intent.
- To Comply with the intent, the notice should provide of the layoff
- The notice should contain not only the fact of the temporary layoff and its effective date but also the relevant sections of the Code outlining the effect of that layoff
Collins v Pim Pallison Industries Ltd.
- Accepted of the BC supreme. Code.Employee was never met
- The laws did not create law
Attendance Managment
- 2 Different Categories (Culpable/innocent Abseteeism)
- Culpable (Without Good Reason - Blamewothy)
- Innocent = Medical/Other Cause
- Legislation = Should be applied /reasonable as improvement
- Program- Poor Attendence & interviews
- Counselling And Non automatic.The standards are always too High.In all situations.
Actions : Employers should ensure
Assessment the attendence, Impact,
- They are reliable
Employers' Vicarious Liability for Employees' Actions
- The common law makes vicariously liable for damages to employees if those action within conduct/scope of employment
- Action is deemed
- Authorized by employer or unauthorized, may be regarded
- Action is deemed
Rulings for conduct of Actions and Board, The employee or a teacher
If teacher has no authority for actions, it must come from the Board - An employer will not be vicariously liable if actions were independent of relations when providing
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