If an employee views a confidential file contrary to clear and reasonable policy, she can be fired for cause. That was the judgment of the BC Supreme Court in Steel v. Coast Capital Savings Credit Union 2013 BCSC 527. The Plaintiff, Ms. Steel, was a help desk analyst in the IT department of the Defendant… → Read More
Category Archives: Discipline
Subscribe to Discipline RSS FeedTerminating Employees on Disability
Truly Shark Infested Waters
Posted in Discipline, Just Cause, Termination, Wrongful DismissalThe media is full of the story of a couple from Wales who were fired from their jobs after the husband helped save children from a shark attack. It seems that the husband’s heroics generated a media stir at the time, which led to the employer back in Wales finding out the couple were vacationing… → Read More
“Workplace Investigations – Part 3”
Posted in Discipline, Discrimination, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful DismissalIn earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise. The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed. Employees being… → Read More
Workplace Investigations – Part 2
Posted in Damages, Discipline, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful DismissalIn an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation. Being lawyers, we usually have a quick answer to this: legal counsel. We recognize, however, that clients don’t have unlimited funds. So practically speaking, each situation will have to be assessed… → Read More
Trends in Human Rights
Posted in Discipline, Discrimination, Human Rights, TerminationI recently had the opportunity to present a paper summarizing significant human rights decisions of 2012 at the annual BC Continuing Legal Education conference on human rights law. The conference was very well organized and featured a number of excellent topics and speakers. In considering the case summaries I reviewed at the conference, I have… → Read More
Murphy’s Laws of HR
Union Terminations
Posted in Discipline, Labour Relations, Murphy's Laws of HR, Termination, UnionsIt’s time for another instalment in Murphy’s Laws of HR. The first two laws were posted some time ago. #3 is posted in sympathy for those dealing with unionized employees, and to remind those with only non-union employees to count their blessings. Murphy’s Laws of HR #3 – The union always grieves a termination: even when… → Read More
Month in Review
Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful DismissalThe bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.
Claim for Damages for Breach of Privacy
Posted in Discipline, Family Status, Litigation, PrivacyThe Ontario Court of Appeal has created a new cause of action. It is now possible to sue for damages for a breach of privacy. Tsige and Jones were employees at different branches of the Bank of Montreal. They did not know each other, but Tsige had a relationship with Jones’s ex-husband. Tsige looked at… → Read More
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