Being terminated as a result of frustration of contract

Sometimes employees are terminated as a result of a “frustration of contract”. It is like a no fault termination. It usually happens when employees become ill and are off work for a very long period of time. It is not their fault that they are ill and neither is it the employer’s fault.

Explaining the exception clause

In 1995 a woman we will call Sherry began working as a support care worker for people with developmental challenges in a group home setting. The organization that founded and ran the group homes and employed Sherry was an Evangelical Christian organization. It sought to create group homes for its clients which provided not only the support they needed but a Christian environment. It saw its activities in providing these services as part of the call of its faith to perform charitable works and share its beliefs.

Explaining the exception clause

In 1995 a woman we will call Sherry began working as a support care worker for people with developmental challenges in a group home setting. The organization that founded and ran the group homes and employed Sherry was an Evangelical Christian organization. It sought to create group homes for its clients which provided not only the support they needed but a Christian environment. It saw its activities in providing these services as part of the call of its faith to perform charitable works and share its beliefs.

PUNITIVE DAMAGES AWARDED IN CASES OF DISCRIMINATION

In a decision released this spring from an Ontario court, a large car manufacturer was ordered to pay a terminated employee $500,000 in punitive damages. While the decision will likely be appealed and, my guess is, that amount reduced, this case holds important lessons for all employers. An employer is obliged to treat an employee with good faith and to not discriminate against people who are disabled.
 

SHE SAYS, HE SAYS

She said that shortly after she started working for him in his restaurant he started to show interest in her. She said this was evidenced by the fact that he didn’t charge her and her family for appetizers, drinks or cake when they went to the restaurant to celebrate her sister’s birthday. She said his interest in her was further proven by him talking to her family that day and telling them what a good job she was doing. He said he would love to go to St. Catharines where her parents lived.

Adverse Effect Discrimination

Prohibitions in human rights codes throughout the country against discriminating on the basis of an employee’s age basically mean that no employee should be selected from among others for a disadvantage even in part because of their age. They do not mean that employers have to worry about the effect of routine business decisions on older workers.

Employer being deceptive leads to bad faith damages

Judges are human beings and they don’t always get things right, but my experience is they mostly do. It’s surprising how many people hope that a judge will be gullible enough to be easily fooled.

"A NOTE FOR THE DOCTORS"

Every family doctor knows that they inevitably have a role to play in their patients’ relationship with their employer. Absences from work of 3 days or more usually result in the employer demanding a “note from the doctor” as a matter of rote.

Wrongful Hiring ? Employers must be careful

The hiring process is very much like a traditional courting ritual – human or animal. Chests are puffed up to exaggerate power and prestige. Weaknesses are downplayed, strengths are inflated.. Employees will always put the very best spin they can on the responsibilities they have held and their past achievements. Employers will continue to portray to all job candidates that it could not be a more secure and supportive environment in which to work. While this has always been so on both sides of the interview table, more often than not it is employers that pay the price if significant misrepresentations take place

Keep those sexy emails!

The lesson to be learned from today’s article is,  if you are going to have a sexual relationship with somebody in the workplace, make sure to keep a copy of any dirty emails they send you. If things go sour and they claim that you sexually harassed them they might be important.