Workplace Relationships


Apparently a CEO cannot away with behaviour that Captain Kirk engaged in on a regular basis: affairs with a subordinate. The times, as they say, are changing. I cannot comment on the legalities of the Boeing CEO’s termination as it would have been governed by American law.
 

TO DISCLOSE OR NOT DISCLOSE YOUR PREGNANCY

So, you are pregnant and looking for a new job. If you are not already showing, do you disclose this fact to your potential employer up front? Do you wait and tell them later? What are your rights?
 

When is it constructive dismissal? Some answers

A working  career, like life, is full of change and transition. Nothing ever stays the same for long. 
Not all changes to the terms of one’s employment are welcome. I am routinely asked the question, “In what circumstances can I reject the change imposed by my employer, walk out the door and sue for wrongful dismissal?”
 

COURT AWARDS PUNITIVE DAMAGES FOR BAD FAITH TREATMENT

A woman we will call Michelle managed a beauty parlour in a nursing home for seventeen and a half years.  In November of 1997 she fell and hurt herself in the parking lot of the beauty salon.  She missed a few days work but was soon back at work on light duties.  A week after the light duties had begun, Michelle received a letter of lay off which told her that her position was being eliminated as a result of financial cutbacks.  The letter did not provide an actual date for her termination but told her that her termination date would be decided within the next few weeks.
 

EMPLOYERS MUST BE VERY CAREFUL WHEN TERMINATING AN ILL OR NEWLY RECOVERED EMPLOYEE

Christopher worked for a railroad company for 31 years. At the age of 51, he suffered from a significant episode of depression.   Computerization was overtaking Christopher=s workplace and that was causing him stress and aggravating his depression.
 

EMPLOYERS MUST BE VERY CAREFUL WHEN TERMINATING AN ILL OR NEWLY RECOVERED EMPLOYEE

Christopher worked for a railroad company for 31 years. At the age of 51, he suffered from a significant episode of depression.   Computerization was overtaking Christopher=s workplace and that was causing him stress and aggravating his depression.
 

TAKING BOSS, CLIENT CAN COST $$$

A man we will call Adam worked for an elevator company for 13 years. He resigned his employment after having been the general manager for 4 of those years.
 

EMPLOYEES MUST BE GIVEN AN OPPORTUNITY TO RESPOND TO ALLEGATIONS

A man we will call Tom worked for a golf club as its general manager for 12 years. He routinely received positive performance reviews from the Board of Directors as well as salary increases. 
 

COMMISSIONS, EMPLOYMENT STANDARDS ACT AND THE COMMON LAW

When someone is terminated from their employment without adequate notice and hires a lawyer to negotiate a better package, it is usually quite a simple thing for the employer and employee to agree what the monthly income was.  Clearly, where a salary makes up most of the remuneration, the monthly income is simply a mathematical calculation.  A judge awarding damages for lack of adequate notice will attempt to put the employee in the same position she would have been in if she had received proper notice.  That exercise becomes a little bit tricky, however, when a significant part of the employee=s pay was made up of commission.
 

IS OVERTIME MANDATORY UNDER THE EMPLOYMENT STANDARDS ACT?

Employees cannot generally be required to work more than 8 hours a day or 48 hours a week in Ontario.  There are some exceptions to this rule.  One of those exceptions is that if an employee was hired before September 4, 2001, when the new legislation took effect, and has an arrangement with the employer that provides that the employee is willing to work, at the employer=s request, more hours per day than the number of hours in her regular work day, the 8-hour limit does not apply.  The arrangement does not have to be in writing.  If both parties have agreed to revoke the arrangement, of course, it no longer exists.