Canadian Employment Law Today

December 5, 2018

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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PM40065782 Emplo y ment Law Today Canad ad a ian December 5, 2018 Worker fi red after exaggerated and bad-faith bullying complaint Comprehensive investigation revealed worker's account of events contradicted all other witnesses; worker embellished her story with each re-telling BY JEFFREY R. SMITH THE DISMISSAL of an Alberta worker for making bad-faith and false allegations of harassment and bullying has been up- held by an arbitration board. e worker was a pharmacy techni- cian for Capital Care Group, an Edmon- ton-based public continuing care organ- ization. e worker was hired on a casual basis in March 2005 and promoted to a full-time position in February 2006. She worked in Capital Care's central phar- macy fi lling pharmaceutical orders for the company's entire operations and had no discipline on her record. Capital Care has a workplace violence and abuse policy that required all re- ports of violence and abuse to be "made in good faith and based on reasonable grounds." e policy further stated that employees who make false allegations or are involved in retaliation against some- one who made a complaint would be "subject to disciplinary action up to and including termination of employment." During the worker's tenure, cliques Not giving a hoot about just cause costly for wildlife charity Employer on the hook for 26 months notice plus aggravated damages for making assumptions about mismanagement without investigating BY DAVID J. MASTER A WILDLIFE CHARITY must pay its former executive director and long-time employee more than $90,000 in lost salary and aggravated damages after it unceremo- niously dumped the employee for fi nancial mismanagement without a proper inves- tigation, the British Columbia Supreme Court has ruled. O.W.L. is a charitable society devoted to rescuing and caring for injured raptors — such as owls and eagles — and promoting their return to the wild. Beverly Day, who founded O.W.L. in 1985 and was its long- standing executive director, was dismissed by its board of directors on Oct. 23, 2014, without notice, allegedly for just cause. O.W.L.'s just-cause dismissal of Day cen- tered on allegations that she misappro- priated its funds to pay for the cost of her Danger from unstaffed post not a normal condition of employment pg. 3 Staffi ng prison control post full-time was reasonable safety measure to take The 'capital punishment' of employment law pg. 4 Just-cause dismissal can get rid of problem employees, but it takes work to make it stick GROUNDS on page 8 » INVESTIGATOR on page 11» CREDIT: GEARSTD/SHUTTERSTOCK with Leah Schatz Ask the Expert pg. 2 Accommodation for contract employees

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