Criminal Records: Discrimination in Employment and Employer Obligations

Questions about criminal records in the employment context most frequently arise in the following circumstances: The Hiring Process where a potential job candidate has a criminal record The Discipline Process where a current employee is convicted of a criminal offence This article will discuss the employer’s obligations in each instance. The Hiring Process Refusing to […]

Time Theft is Theft

A recent decision from western Canada gives employers confidence that circumstantial evidence can be relied on to justify the termination of an employee for time theft. The decision also provides support for categorizing time theft as theft in the ordinary sense of the word, for disciplinary purposes. Time theft is generally understood as the falsification […]

May 7, 2019

Disciplining Employees for Off-duty Social Media Use: When is it...

When is it appropriate for an employer to discipline an employee for their activity on social media? This is a question that employers often struggle with, due to the fact that it raises complex and nuanced issues, such as the divide between a person’s private life and their employment responsibilities, and the extent to which […]

August 11, 2016

Use of Social Media for Operational Purposes: Should Employers Hang...

A recent labour arbitration decision out of Ontario considers an employer’s obligation to protect its employees from harassment via an employer’s presence on social media.

June 20, 2016

Labour Arbitration: When are Damages in Lieu of Reinstatement an...

In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.

New Brunswick Police Officer Terminated for Misconduct

In the recent unreported decision of the New Brunswick Police Commission and Constable Jeff Smiley, dated December 2, 2015, an arbitrator appointed under the New Brunswick Police Act imposed the penalty of dismissal of a New Brunswick police officer as a result of his misconduct.