October 16, 2002

Do employers have to provide a reference to departing staff?

Question: What obligations does an employer have to provide a reference to a departing employee? Answer: An employer has no legal obligation to provide a former employee with a reference, whether the employee resigned or was dismissed with or without cause. Nonetheless, a failure to provide a reference to a terminated employee may result in…

October 16, 2002

Can an employee withdraw a resignation?

Question: We have had a number of problems with one of our employees but have not yet taken any steps to terminate her. Two days ago the employee left a letter of resignation on the desk of our HR manager, who was out of the office for the day. Before the HR manager had an…

September 30, 2002

Reasonable notice for part-time employees

Question: Is there any difference in the calculation of reasonable notice for a part-time employee as opposed to a full-time employee? Answer: The case law suggests that the calculation of reasonable notice should be the same regardless of whether the employee works part time or full time. The courts have held that an employee can…

August 12, 2002

Firing an employee for dishonesty – Put things in context first

Theory that any dishonest conduct is grounds for dismissal no longer holds Firing an employee for dishonesty is a relatively simple matter, right? Don’t be so sure — according to the Supreme Court of Canada, it depends on the circumstances. In a recent case, McKinley v. BC Tel [2001] 2 S.C.R. 161, the Supreme Court…

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