Canadian Employment Law Today

September 4, 2013

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.

Issue link:

Contents of this Issue


Page 2 of 11

CELT Sept 4 2013:celt 467.qxd 13-09-13 10:59 AM Page 3 CANADIAN EMPLOYMENT LAW TODAY Don't fear 'administrative' leave When used properly, administrative leave can be an important tool for employers when dealing with problem employees illustrate this point, consider the recent case of Potter v. New Brunswick REQUIRING an employee to take an Legal Aid Services Commission. "administrative" leave David Potter was the can place an employer in executive director of the DISCRIMINATION a dicey situation. On the New Brunswick Legal one hand, an administraAid Services Commistive leave may be necession. The commission sary where the alternative — allowing had significant performance issues the employee to remain in the work- with Potter, which became more seriplace — would be disruptive or even ous when harassment complaints were risky for the business. On the other Company negotiated hand, an administrative leave of indeffor a voluntary departure inite duration can expose an employer to the potential for a constructive disin exchange for a severance missal claim. package while it prepared The truth is, a properly planned to conduct an investigation administrative leave can be an invaluinto harassment complaints. able tool for an employer. It can provide precious time to conduct a workplace investigation or complete laid against him. Ultimately, the comongoing negotiations while the mission decided to terminate Potter's employee is out of the workplace. To employment, which lead to negotia- | BY TOM GORSKY AND LEAH SIMON | tions aimed at securing his voluntary departure in exchange for a severance package. At the same time negotiations were taking place, the commission began preparations to conduct a formal investigation into the harassment complaints against Potter. However, prior to the investigation beginning, Potter went on a disability leave. During his leave, negotiations continued on the terms of his departure in the hope an agreement would be reached prior to Potter's return. Unfortunately, negotiations did not conclude as quickly as hoped, and shortly before Potter's scheduled return to work, the commission directed him to remain at home, with full pay and benefits, until further notice — he was placed on administra- Continued on page 9 Here's the thing, it only moves if you push the button. When we're thinking about our clients, chances are we're not thinking about so we can start thinking about you too. Published by Canadian HR Reporter, a Thomson Reuters business 2013 3

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Employment Law Today - September 4, 2013