Just Cause
"Is Excessive Internet Use Time Theft?"
"Is Excessive Internet Use Time Theft?" (May 16, 2012) is the subject of the latest HR Space bulletin from law firm Faskens. It was written by Hadiya J. Roderique.
The bulletin discusses a labour arbitration award and a decision of the Public Service Labour Relations Board, that were both issued in late 2011:
- Andrews v. Deputy Head (Department of Citizenship and Immigration) 2011 PSLRB 100 (August 2011); and
- Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia [2011] B.C.C.A.A.A. No. 125 (Glass)
BCCA upholds ruling that disrespectful, inflammatory letter from employee's lawyer provided just cause
In Grewal v. Khalsa Credit Union, 2012 BCCA 56, the BC Court of Appeal dismissed the appeal of a former branch manager at the Khalsa Credit Union.
In a May 2011 decision, the trial court had ruled that a disrespectful, inflammatory letter from the employee's lawyer had "tipped the balance" in favour of the employer having just cause for termination. The trial court's decision can be found here.
Ontario arbitrator addresses Bill 168 provisions concerning verbal threats of physical violence
In Kingston (City) v. Canadian Union of Public Employees, Local 109 (Hudson Grievance), [2011] O.L.A.A. No. 393 (Newman), the arbitrator upheld the dismissal of 28-year employee who uttered death threats at a co-worker.
Tha arbitrator also outlined how, in her view, Bil 168 changed the legal analysis in Ontario in four ways in cases involving verbal threats in the workplace, stating: read more »
