Departure
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.
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?
Appeal Processes
The Employment Standards Tribunal is an independent body from the Employment Standards Branch. The Branch is an investigative body, whereas the Tribunal is an adjudicative/judicial body. Employers or employees who are dissatisfied with determinations made at the Branch level may appeal to the Tribunal.
Compassionate Care Leave
As of May 2018, the entitlement to unpaid compassionate care leave in BC has increased from eight weeks to 27 weeks (six months).
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.
Administrative Structure
The Employment Standards Branch, the Director of Employment Standards and the Employment Standards Tribunal are the agencies responsible for the administration of the Employment Standards Act.
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.
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.
Supreme Court of Canada Expands Application of Constructive Dismissal Doctrine
In 2015, the Supreme Court of Canada revisited the law on constructive dismissal, which has had significant consequences for employers.
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.