Canadian Employment Law Today

April 8, 2020

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 No walk in the park PG. 4 10 of 18 months spent at bank were assignment from temp agency Nova Scotia worker unjustly dismissed but no reinstatement Worker was on last-chance agreement with a significant disciplinary history; employment relationship not viable, adjudicator says BY JEFFREY R. SMITH A NOVA SCOTIA worker's rocky disciplinary history meant no reinstatement for being injustly dismissed. Instead, the worker's former employer must pay six months' pay in lieu of notice, an adjudicator has ruled. Derrick Matthews is a bus driver with experience driving various types of buses for several companies. In 2015, he was in his early 60s. Absolute Charters, a charter bus tour company, hired Matthews as a part- time charter bus driver in the Halifax area. Absolute Charters, due to the nature of its business, had seasonal swings. September and October were particularly busy every year, as it was the season when more cruise ships came into port with passengers looking for sightseeing opportunities. During those months, bus drivers were not allowed to take time off. Matthews was seen as a competent driver with his extensive experience driving large buses, including double-deckers. However, Absolute Charters had to discipline him on multiple occasions within three years of his hiring. Single incident of sexual harassment warrants termination Ontario worker's slapping of female co-worker's buttocks and lack of remorse afterward sufficient to skip progressive discipline and go right to dismissal BY NIVEDA ANANDAN IN RESPONSE to employee misconduct, employers can implement a system of progressive discipline that entails coaching, a verbal warning, a written warning, suspension, a final warning and, finally, termination for just cause. However, the Ontario Superior Court of Justice, in Render v. ThyssenKrupp Elevator (Canada) Limited, has affirmed that certain egregious violations of company protocol — such as sexual harassment — warrant immediate dismissal without notice. Mark Render worked for ThyssenKrupp El- evator (TKE) and its predecessor company for 30 years before he was dismissed. At the time of his dismissal, he was 51 years of age and was April 8, 2020 Bad news for New Brunswick newspaper's managing editor PG.3 Managing editor's failure to reveal all information during investigation into potential conflict of interest breached trust and put company's credibility at risk WORKER on page 6 » CREDIT: KADMY iSTOCK LAST CHANCE on page 7 » with Colin Gibson Ask an Expert PG. 2 Termination pay and severance pay

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