Searching Content indexed under Unfair/ Wrongful Dismissal by Fasken ordered by Published Date Descending.
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30 Month Notice Of Termination Ruling Overturned
A former Senior Vice President (D) was awarded 30 months' notice.
11 Sep 2019
To Disclose, Or Not To Disclose…
Can an employer use "litigation privilege" to prevent the disclosure of an internal report written by a human resources agent that recommends the dismissal of an employee?
30 Aug 2019
Constructively Dismissed? Maybe, But Get Back To Work
Further, even if an employee has started litigation against an employer, it is not too late to offer the employee his or her job back.
14 Aug 2019
Please Hold The Line: What To Do When Receiving A Call From An EI Officer?
An adjudicator considering allegations of unjust dismissal under the Canada Labour Code, recently ruled that an employer was prohibited from asserting dismissal for misconduct since the issue had already been decided by an EI officer.
26 Jul 2019
When Will Operational Requirements Justify The Dismissal Of Employees Who Reject An Employer's Demands To Amend Terms And Conditions Of Employment?
In NUMSA obo members and Aveng Trident Steel (A division of Aveng Africa (Pty) Ltd) (2019) the Labour Appeal Court recently had to determine whether dismissals, following a rejected proposal for a change in terms and conditions ...
South Africa
24 Jul 2019
Managing Disabilities: Does A Desire To Work Prevent An Employer From Terminating If The Employee Cannot Work?
Many employers struggle to manage disability leaves. It is particularly difficult when the employee wants to work, but their physician says there is no chance the employee can for the foreseeable future.
8 Jul 2019
Flexible Job Descriptions - How Much Can An Employee's Job Duties Be Stretched?
The employee was hired in 1997 to be the first Economic Development Manager for the municipality.
30 May 2019
Just Because Some Employees Are On Strike Doesn't Mean That All The Employees Are On Strike
The title of this email note would appear to be an obvious truism, but it was one that recently came to hurt an employer resulting in the reinstatement some four years later of 17 employees dismissed for allegedly participating in an unprotected strike.
South Africa
8 May 2019
How A Respectful Workplace Can Reduce The Risk Of A Successful Constructive Dismissal Claim
Generally, when employees decide to leave their jobs, they are considered to have resigned.
2 May 2019
The Cost Of Intimidation: What Not To Do When Terminating An Employee
A recent decision, Ruston v. Keddco MFG (2011) Ltd., demonstrates the high cost of bad faith in terminating a senior employee.
2 May 2019
Oh No, The Board Resolved That We Must Retrench Employees, Does That Mean Those Dismissals Are Already Unfair?
For many a human resources manager and in-house legal counsel, the language of the resolution taken at a board meeting or recorded in the minutes of that meeting in respect of the need to embark upon a retrenchment exercise is a cause for concern.
South Africa
27 Mar 2019
Federal Court: Release Does Not Prevent Unjust Dismissal Complaint
It has not always been clear that a release prevents an employee from bringing an unjust dismissal complaint under the Canada Labour Code.
6 Mar 2019
A Change In The Winds For Federal Unjust Dismissal And Reprisal Complaints
Recent, important amendments to the Canada Labour Code (the "Code") brought about by Bill C-44 have been overshadowed by the dramatic changes to provincial labour and employment laws earlier this year.
31 Oct 2018
Proactive Investigations: An Ingredient To Success
A recent decision out of British Columbia highlights a common pitfall when employers terminate employees for cause: failing to thoroughly and proactively investigate the facts and circumstances regarding the alleged misconduct or neglect of duty.
16 Oct 2018
Suspension Without Pay And Constructive Dismissal: A Refresher
The employer, Complex Services Inc. (Complex), operates a casino.
15 Oct 2018
Do Waves Of Collective Dismissals Constitute A Single Collective Dismissal? | The HR Space
In a number of provinces, legislators have enacted a precise definition of collective dismissal. In general...
21 Sep 2017
Employer Did Not Discriminate Against Cocaine Addict Who Was Dismissed For Cause
In perhaps the most important human rights decision to date dealing with drugs in the workplace, the Supreme Court of Canada recently ruled that an employer may terminate a worker for just cause...
27 Jun 2017
Federal Employees Protected Against Without Cause Dismissal -Wilson v. AECL | The HR Space
This approach to the "unjust dismissal" provisions in Part III of the Canada Labour Code is in line with that taken by some adjudicators in the past.
7 Sep 2016
Dismissal May Be Fair When Employer Is Ignorant Or Mistaken As To The Law | The HR Space (UK Edition)
In a recent case, the Inner House of the Court of Session ruled that a dismissal may be fair where an employer takes action against an employee which amounts to a dismissal and does so without having considered the legal consequences, or on a mistaken view of what those consequences would be.
11 Oct 2013
The HR Space: When Time Is The Very Essence Of Your Job, Best Not Be Late...
Every job has its own peculiarities. What might be a minor shortcoming in one type of employment could be catastrophic in another.
2 May 2013
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