Resources: Investigations
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COVID-19-Related Misconduct is Nothing to Sneeze At
July 29, 2021
In a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct. The discipline was issued at a time when, in the words of the arbitrator, “there was a dearth of arbitral jurisprudence” with respect to such misconduct.
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Employee Reinstated Despite “Ongoing Pattern of Disrespect” for Employer’s COVID-19 Safety Protocols
March 2021
Previously printed in the LexisNexis Labour Notes Newsletter.
In the recent decision of Trillium Health Partners v. CUPE, Loc. 5180, 2021 CanLII 127 (Jesin), an Ontario arbitrator, Norm Jesin, reinstated an employee to employment after he was suspended and subsequently discharged for failing to adhere to the employer’s COVID-19 safety protocols.
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Ontario Court of Appeal Finds School Board Breached Section 8 of the Charter When Disciplining Grievors for Personal Document Left Open on School Computer
May 15, 2023
In Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476, the Ontario Court of Appeal held that a school principal and the school board for which he worked had breached the employee right to be free of unreasonable search and seizure under the Canadian Charter of Rights and Freedoms (the “Charter”) when the principal went through a teacher’s personal document on a school laptop.
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Is This Thing On?: Surreptitious Recording Can Constitute Just Cause for Dismissal
March 17, 2022
Your employee places their cellphone on the table as they sit down for the meeting, angling it slightly towards you. You wonder – is this meeting being recorded?
The ubiquity of cellphones means that HR professionals should assume all conversations with employees are being recorded. But are there any consequences for employees who secretly record conversations with colleagues?
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Insolence, Insubordination and After-Acquired Evidence of Just Cause
March 11, 2022
On November 9, 2021, the B.C. Supreme Court released its decision in the case of Golob v. Fort St. John (City), 2021 BCSC 2192.
The case concerned a wrongful dismissal claim against the City of Fort St. John by its former Deputy Fire Chief.
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Clarification to Law of Employee Surveillance
March 2, 2022
Elevator law, according to one colleague and despite our best attempts to intervene, has its ups and downs. It has a unique set of characteristics, including its own elevator union (the International Union of Elevator Constructors (IUEC)), industry-specific collective agreements and a workforce of largely independent technicians.
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Taking Away Important Responsibilities for Misconduct: Arbitrator Substitutes Permanent Disciplinary Demotion for Discharge
February 18, 2022
When considering potential discipline for poor performance, a novel labour arbitration decision suggests a demotion – a permanent disciplinary demotion – may be an appropriate response.
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No More Tolerance for Covert Discrimination
January 11, 2022
Cybulsky v. Hamilton Health Sciences, [2021] O.H.R.T.D. No. 209 (Letheren) is a boundary-pushing case that shows a growing intolerance for sex or gender discrimination in the workplace, including covert sex or gender discrimination.
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BC Labour Relations Board Finds No Anti-Union Animus in Discharge of 30-Year Employee During Organizing Drive
October 18, 2021
In Re RMC Ready-Mix Ltd., 2021 BCLRB 99, Vice-Chair Andres Barker of the BC Labour Relations Board held that the discharge of a 30-year employee (“the Employee”) did not amount to an unfair labour practice under the Labour Relations Code as alleged by the union.
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Be Careful What You Say: Discharge for Bad Faith Accusations Against Supervisor Upheld
October 12, 2021
In Teck Coal Ltd. v. United Steel, Paper and Forestry, Rubber, Manufacturing Energy, Allied Industrial and Service Workers International Union, Local 7884 (Lybacki Grievance), [2021] B.C.C.A.A.A. No. 114 (Glass), Arbitrator Nicholas Glass dismissed a union grievance concerning the discharge of two employees, Lybacki and Sandberg, from their maintenance positions at Teck Coal’s Fording River mine.
The two were terminated from employment after falsely accusing their supervisor, Hennessey, of being under the influence of alcohol while at work.
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