Posts tagged with: "dismissal"
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7 Jun 2012, 10:34 am
Daniel Lublin, Employment Lawyer of Whitten & Lublin will be live taking readers questions on the Globe and Mail Careers section at 12:00 p.m. EST on Friday, June 8th. You can join the discussion by logging on here.
Related posts:Ask an expert – your workplace law questions
Does my social media account belong only to me?
It is my “business”, what I do after work!
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13 Jun 2012, 9:22 am
In his latest article published in the Metro, Toronto Employment Lawyer, Daniel Lublin writes about his favourite workplace misconceptions that people tend to believe based on “word of mouth”.
Myth 1: Discrimination means unequal treatment.
Fact: It is not discrimination if you are simply treated unfairly or differently, but it is discrimination if you are treated differently due to personal characteristics, such as age, race, gender or disability.
Myth 2: An employee is entitled to overtime… [read post]
1 Jun 2012, 8:59 am
Luckily, you can! An article written in the Metro by Daniel Lublin, Toronto Employment Lawyer talks about the following types of changes that can be rejected:
Changed responsibilities. If you have been hired for a defined role and that role is later changed without your consent, you may be entitled to leave your job and sue for damages as if you have been fired.
What about more work for the same pay? In a recent case, an Ontario judge found that an employee was wrongfully dismissed when her… [read post]
21 Jun 2012, 12:44 pm
How do you deal with a situation wherein an employee is told to sign a contract after his or her job has already started? Can this contract be challenged without the risk of one loosing their new job?
In his latest article in the Metro, Toronto Employment Lawyer, Daniel Lublin explains a scenario in which an employment contract can be challenged after a termination.
Employees in Canada are entitled to fair severance payments upon their termination, unless there is a contract that specifies some… [read post]
23 Jul 2012, 7:43 am
What options do you have? Can you refuse to transfer? If you accept, will the years of your past service be recognized?
Aleem Ghanny had been working for 18 years at a Downtown Toyota dealership in Toronto. Suddenly, he was told that his position as a service manager would end and that his job would be relocated to another related dealership close by, where he could continue working at the same rate of pay.
Ghanny believed that his years of service would no longer be recognized and he was… [read post]
15 May 2012, 1:22 pm
Studies reveal that resume falsification is a common event. Statistics suggest that as many as 50 percent of all resumes contain some degree of distortion. While it is natural to expect that some form of embellishment on resumes will occur, there is a big difference between accentuating your strengths and creating new ones altogether. When it comes to full blown lying on your resume, the truth is that you can be fired.
That is what Yahoo and its current CEO Scott Thompson learned last week… [read post]
29 May 2012, 7:57 am
Is it really that way, or maybe your employer thinks differently? An article written in the Globe and Mail by Danile Lublin, Toronto Employment Lawyer, covers situations in which employees can be disciplined for what they do when away from work, and when employers believe that off-duty behavior poses a problem to their own interests.
Criminal behavior unrelated to the workplace but which creates negative publicity and brings company’s reputation into disrepute, can amount to cause for… [read post]
12 Jul 2012, 7:41 am
At the time of termination, employees need to ensure they are treated fairly. In some cases employers will present them with a release and ask them to sign it on the spot or within minimal days to consider their offer. Employees need to be responsible for what they do and sign.
In a recent case highlighted by employment lawyer Daniel Lublin in the Globe and Mail, Eric Rubin, who was 63 at the time, had worked at Home Depot Canada Inc. for nearly 20 years when he was suddenly fired in what Home… [read post]
10 Nov 2011, 8:54 am
The Head of the UK Border Force, Mr Brodie Clark, resigned on Tuesday, reportedly in reaction to comments by the Home Secretary that blamed him for a relaxation of biometric and anti-terrorism checks over the summer. Mr Clark had been suspended a few days previously over the matter.
He disputes any wrongdoing and has stated that Ms May’s comments were misleading and had amounted to a campaign of public vilification against him, such that he would not receive a fair… [read post]
29 Mar 2011, 6:35 am
Privacy in the workplace continues to dominate the legal and policy discussions.
Most recently, Jerry Agar of CFRB 1010 and the Toronto Sun, addressed the issue in an editorial. Naturally, he sought the advice of employment lawyer, Daniel A. Lublin, prior to putting pen to paper. Commenting on the recent landmark decision, Mr. Lublin indicated it was a “seismic shift” in workplace privacy rights. Lublin encourages employers to create good information technology policies in the workplace. As he… [read post]
12 Nov 2009, 7:54 am
A canadian woman working as a top executive at a London, England company is suing her boss for 8 million dollars in a UK Employment Tribunal for allegations that he brought prostitutes to meetings and repeatedly called her a "stupid blonde" before she was fired, as reported in a National Post article here.
In Canada it is an implied term in every employment relationship that employees be treated with decency and civility, the breach of which can lead to damages for termination, commonly known… [read post]
22 Mar 2012, 7:34 am
The Government has recently issued a new “Call for Evidence”, Dealing with dismissal and “Compensated no fault dismissal” for micro businesses. The main aim of the paper is to gather evidence from businesses to establish what can be done to encourage small employers to recruit more employees, whilst at the same time ensuring some protection for employee rights. The paper also aims to gather evidence regarding the dismissal process, and in particular how well the 2009 Acas Code works in… [read post]
27 Mar 2012, 8:26 am
This post was written by Thomas Ince and Ed Hunter.
In Abellio London Ltd (Formerly Travel London Ltd) v Musse and others UKEAT 0283/11 and 0631/11, the Employment Appeal Tribunal (“EAT”) ruled that a relocation of six miles within central London which resulted in the employees having to travel an extra one to two hours to work following a service provision change amounted to a substantial change to employees’ working conditions to their material detriment entitling them to resign under… [read post]
30 Aug 2011, 10:02 am
Top Five Staffing Mistakes Managers Make and What to do About It!
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Join David Whitten of Whitten &Lublin LLP and… [read post]
11 May 2012, 6:54 am
In an uncertain situation when a new recruit cannot perform well despite training, patience and investment in their performance, employers generally have 3 options:
1. Terminate the employee and pay the price of their severance price tag, which can be expensive in Canada given the current legal test, which assesses what is fair having regard to the employee’s age, tenure and service;
2. Terminate the employee and take the position that their under-performance was cause for dismissal, which is… [read post]
7 Jun 2012, 9:08 am
It is very important to understand your employment contract before you put that pen to paper, and even more important to understand what rights you might be signing away if you do. Many people will carelessly sign their name unaware of the consequences that may arise down the road.
In his weekly column in the Metro, Employment Lawyer, Daniel Lublin writes about the employee who learned this lesson the hard way.
Dean Ernst was hired as vice-president of operations and had an agreement with his… [read post]
19 Aug 2011, 9:34 am
Knowingly or unknowingly, employers engage in workplace practices that help tip the scales in favour of dismissed employees. In last week’s Metro, employment lawyer Daniel Lublin describes five common workplace blunders, which are reviewed below:
1. Paying only the minimum on dismissal
Assuming it will go without protest, employers often make a practice of offering the minimum. Read about a case*here* that explains why courts are critical of this approach.
2. Probation
Employers will often… [read post]
19 Jun 2012, 7:36 am
In his weekly column published on June 4th, in the Metro, Daniel Lublin, Toronto Employment Lawyer wrote about an employee Dean Ernst, who “blindsided” his employer by moving out of the country without notifying the company. Instead of moving from Alberta, where he worked from home at the time, to Vancouver, as his contract stated he would do; he decided to relocate to his new home in Mexico.
This particular case and an article written by Daniel Lublin, Toronto Employment Lawyer made this… [read post]
4 Jan 2011, 7:26 pm
According to an article in the National Post, Brett Favre and the New York Jets are being sued by two former massage therapists in a workplace lawsuit claiming they lost their jobs after complaining about sexually suggestive text messages from Favre.
The women allege that Favre proposed off work meetings with them in sexually suggestive ways. When they declined his advances, they were effectively blackballed from working for the team and its players, they claim.
In Canada, employees can make legal… [read post]
21 Dec 2010, 1:45 pm
By: Ellen A. S. Low
In 2007, the Harper government hired Christiane Ouimet as a federal integrity commissioner. Ouimet’s job was to field complaints, and to protect whistleblowers in the federal public service. However, it appears that instead of protecting these employees, Ouimet may have become their worst enemy.
As discussed in a series of recent news articles (here here & here), Ouimet recently resigned in the face of multiple allegations of workplace bullying. She allegedly swore,… [read post]