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CASES AND TRENDS

One strike and you’re out!

When a single act of misconduct can be just cause for dismissal

Employee resigns, starts over at entry-level position

Employee can’t resign from position without also resigning from employment, even if applying for job in another department: Arbitrator

Employee goes too far with constructive dismissal threat

Employee didn’t like changes to job and threatened legal action; employer took it to mean she didn’t want to work there anymore

Stay in school – at least during an educational leave

Employee took educational leave but had surgery and ended up working another job instead – without telling employer

Employer’s threat to recover damage cost from worker doesn’t work

Note threatening to deduct expenses changed employment contract and constructively dismissed worker: Court

Supreme Court of Canada weighs in on constructive dismissal

Suspension can lead to constructive dismissal, even if it’s paid

Timing is everything

Differing case law raises debate over validity of termination clauses that may or may not comply with legislation, depending on the timing of the termination
Lyndsay Wasser, co-chair of the privacy group at McMillan LLP, sat down with Canadian HR Reporter to discuss pitfalls and benefits of using social media to conduct background checks during the recruitment process. Liz Foster reports

Social Media: An organization’s best friend and worst enemy

Social media can’t be ignored but it can have a positive role for employers if approached effectively
Date: Sep 16, 2015
Time: 12 - 1 pm ET
Cost: 69.00

Mitigation: How to Keep the Damage to a Minimum

When facing a demand for dismissal damages, it’s important to be familiar with a dismissed employee’s duty to limit those damages
Ashley Madison hack shows potential for employers to get drawn into ugly situations
David Peterson accusation highlights the fact employers cannot ignore any allegations of sexual harassment