Employee placed on leave after buying alcohol in company car: Employment Lawyer on 900 CHML

Interview Summary

A CBC employee in Nova Scotia was placed on leave after stopping to buy alcohol while in a company car. The investigation and results have led to questions regarding employee conduct and employer discipline. What can an employer penalize an employee for during work hours? Should employees be permitted to run personal errands while using company equipment?

Fiona Martyn, an Ontario employment lawyer and Senior Associate at Samfiru Tumarkin LLP joined Rick Zamperin 900 CHML to answer these questions and more on employee rights and employer investigations.

Interview Notes

• Employment laws and employee conduct: Generally, what an employee chooses to do during their break time does not give an employer the right to discipline or terminate their employment. Employees should be wary of using company vehicles to run personal errands however it does not typically amount to gross misconduct.
• Termination for cause: It would be difficult for an employer to justify a termination for cause under these circumstances. Terminations for cause are reserved for serious misconduct, such as theft, fraud, etc. An employer must prove that the employee’s actions hurt the business.
• Employee recourse against the employer: Employees can take action against their employer if they are terminated for cause. It is unlikely there will be any possible legal action if an employer chooses to implement disciplinary measures.