Canadian Employment Law Today

March 11, 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 Emplo y ment Law Today Canadian A patchwork of family status accommodation requirements. PG. 4 A look at the tests for accommodation in British Columbia and Ontario Restaurant server dismissed after off-duty argument B.C. worker's misconduct wasn't intentional or deceitful, nor serious enough to deserve dismissal BY JEFFREY R. SMITH A BRITISH COLUMBIA restaurant server who got into a drunken argument with another employee while off-duty and mistakenly forgot to pay her bill should not have been fired for the misconduct, ac- cording to the B.C. Civil Resolution Tribunal. Jocelyn Toledo was hired in August 2015 to be a part-time server at Coast Restaurant in Vancouver. She was subject to an employee handbook for Coast Restaurant employees that described two categories of misconduct. Category 1 consisted of "minor of - fences" such as disorderly or inappropriate conduct on the premises and were subject to progressive disci- pline. Category 2 offences would result in suspension or termination and included intentional loss of the employer's property or theft. On May 16, 2017, Toledo wasn't working but went to the restaurant with a friend to have drinks there. They were joined by a regular customer who knew To - ledo and were served by two bartenders. After a while, Toledo started talking loudly about Termination and bad faith: Proper dealing in the manner of termination Employers should be aware of the difference between bad feelings from termination and bad-faith termination BY MELANIE SAMUELS AND GLEN STRATTON IN ITS 2008 decision in Honda Canada Inc. v. Keays, which built on its earlier decision in Wallace v. United Grain Growers Ltd., the Supreme Court of Canada offered some guiding principles for assessing and identifying whether an employer has discharged its duty of good faith upon termination of an employee. An employer fails to discharge its duty of good faith where, during the course of dismissal, the employer fails to be open, reasonable, truthful and forthright with the employee. An employer fails to discharge its duty where it acts in an unfair manner by being misleading or unduly insensitive. Since then, case law has assisted with refining the above principles. Some important takeaways March 11, 2020 Sexual harasser's reinstatement quashed by Alberta Court of Appeal PG.3 Arbitrator found misconduct wasn't serious enough to warrant dismissal, but appeal court said it should have been considered sexual assault UNFAIRNESS on page 6 » CREDIT: SARINYAPINNGAM iSTOCK INTOXICATED on page 7 » with Stuart Rudner Ask an Expert PG. 2 Changing a benefits package

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