Discipline at Work: 5 Key facts everyone should know | Employment Law Show TV – S9 E10

Episode Summary

DISCIPLINE AT WORK 5 KEY FACTS YOU SHOULD KNOW, a company relocation, refusing unsafe work and more on Season 9 Episode 10 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need about employment law in Alberta, Ontario, and British Columbia on Canada’s only employment law show on TV and radio.

Episode Notes

Fired “for cause” for looking for a new job

I was let go “for cause” because my boss found out I was looking for other employment. I’d gone to a few interviews on my own time. Is this a legitimate termination?

• Reason to terminate “for cause”: Employers often mistakenly believe they can terminate an employee “for cause” due to mistakes or isolated incidents. It is difficult to terminate an employee for cause, as it should only occur if an employee has exhibited serious misconduct.

Company relocating adds to the commute

My company is relocating to a new city. The new location will add significant time to my daily commute. What are my rights after 23 years at the company?

• Constructive dismissals: Employees do not have to accept a major change to the terms of their position. This can be a relocation that significantly adds to a daily commute, a drastic reduction in pay, etc. A major change can lead to constructive dismissal and an employee would be able to pursue their severance entitlements.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Employer denying an accommodation request

My husband has been struggling with his shift work, particularly the night shifts. After speaking with his doctor and a sleep specialist, they confirmed he can no longer work these hours. However, his employer denied his request and doctor’s note.

• Duty to accommodate: Employees should provide their employers with a doctor’s note dictating necessary accommodations. Employers cannot decide to disagree with medical advice. Employee accommodations must be granted up until the point of undue hardship. A refusal to accommodate can be considered a human rights violation.

Let go from job for filing a safety complaint

My husband is a truck driver. After working at the company for almost 6 months, they quickly realized they were not following proper safety practices. After bringing this to his employer’s attention, he was let go. Is this legal?

• Refusing unsafe work: Employees have a right, and in some circumstances, an obligation, to refuse unsafe work. Employers cannot penalize or discipline employees for refusing unsafe work or filing a safety complaint. Employers must investigate and rectify the situation.

Discipline at Work: 5 Key Facts Every Employee Should Know

• Document all forms of discipline: Employees, as well as employers, should document all forms of discipline and criticism in writing, i.e. noting a conversation that took place in an e-mail. Detailed documentation provides evidence for possible legal action.
  
• Progressive discipline before a termination: Employers should implement progressive discipline before letting an employee go. Disciplinary action can escalate after an employee’s errors or performance issues before a termination.
• Actions lead to constructive dismissal: While disciplinary action can be taken, it cannot take the form of a reduction of pay, or demotions. In a non-union setting, a suspension without pay can lead to constructive dismissal.
• Justification for terminations for cause: Performance issues alone rarely justify a termination “for cause”. Employers would have to prove an employee was deliberately underperforming to justify a “for cause” termination.
  
• Seeking legal advice: Employees can and should seek legal advice from an employment lawyer if facing unjust disciplinary action. Often, employers implement disciplinary measures to justify a termination “for cause”.

Fired on probation and not given severance

My 40-year-old sister started working in a contract technical role for a few months before being offered permanent status. She held the permanent position just shy of 3 months before being fired without cause. She was told she was on probation and not owed anything. Is this true?

• Probation periods: Probation periods are mistakenly believed to be automatic at the start of a new job. Employees must consent to a probation period in an employment contract. A legitimate probation period can only last 3 months; employees let go past this period must be offered severance pay.

A time limit for a temporary layoff

I was placed on a temporary layoff due to a slowdown. It’s been over a month now. What happens if you are on a temporary layoff past the allowable time? Is an employer allowed to extend it?

• Temporary layoffs: Employees do not have to accept being placed on a temporary layoff. For most employees, a temporary layoff is not legitimate and can be treated as a termination of employment. Employees who accept a temporary layoff permit employers to implement another layoff in the future.
  

Can an employer…?

• Changed duties without agreement: Employees cannot change major elements of an employee’s job without consent.
• Severance based on salary not commission: Severance pay must include all components of compensation, such as commissions, bonuses, car allowances, etc.
• Pushed to retire: Employees can work for as long as they would like to; retirement must be voluntary and cannot be pressured by an employer.
  
• Forced out of job by the employer: Employees cannot be forced out of their position by their employer. A toxic work environment and unresolved harassment can lead to constructive dismissal.
  
• Email monitoring: Employers can monitor employee email and internet use on a work device.

PREVIOUS EPISODE: Employment Law Show S9 E09 – 5 Myths about Termination for cause