June 10, 2008

Monitoring Executive Behaviour Inside and Outside the Workplace

Monitoring Executive Behaviour Inside and Outside the Workplace – Vicarious Liability, Harassment, Criminal Behaviour and Drug and Alcohol Testing Inappropriate behavior by executive employees seems to be getting greater and greater attention in the North American media and in North American Courts.  Many recent highly publicized Court cases in Canada and the United States have…

June 10, 2008

Drug and Alcohol Testing in the Workplace

Drug and Alcohol Testing in the Workplace In Ontario, drug testing is considered discriminatory except for a few exceptions and a considerable onus is placed on the employer to justify such testing.   It is the Ontario Human Rights Commission’s view that drug and alcohol testing in employment is discriminatory and can only be used in…

September 15, 2004

Are there restrictions on an employer’s right to suspend staff?

Question: Are there restrictions on an employer’s right to discipline non-union, salaried employees by administering an unpaid “reflection leave” (in other words, a suspension). We have considered this, but there is nothing in any employment agreements or employee handbook that reserves this right for the employer. Are there dangers to this approach? In Ontario the…

July 29, 2004

Does suspension equal constructive dismissal

Question: Is the act of suspending an employee for punitive reasons enough to constitute constructive dismissal, for either a paid or unpaid suspension? Answer: According to traditional common-law contract principles, the employer has no right to impose unpaid suspensions unless the employment contract explicitly includes provisions allowing the employer to do so or it had…

February 19, 2003

How to create a sound progressive discipline policy

Whether out of fear of legal repercussions or ignorance, many employers are paralyzed when it comes to poor performance or attitudinal problems of employees. A suggested approach to this problem is to take corrective action that, when communicated by way of written policies and verbal discussions and consistently applied, can become a win-win situation for…

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