Employee Misconduct

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After-acquired cause, by definition, arises when an employer discovers just cause for termination after the employee has been dismissed on a without cause basis. This begs the question: Can an employer assert after-acquired cause when it has reason to suspect just cause prior to the termination, but proceeds on a without cause basis due to the employee’s representations of innocence? The Ontario Court of Appeal has answered affirmatively.…
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Employers commonly receive calls from Employment Insurance (EI) Officers seeking clarification of the information provided by the employer in a Record of Employment (ROE). The clarification or confirmation typically relates to the employee’s first / last day worked, insurable hours, insurable earnings and / or the reason for issuing the ROE (Block 16).

Employers who are asked to speak to their reason for issuing the ROE should pause and consider what, if any, information to share with the EI Officer. Employers should also carefully consider what steps to take upon receipt of correspondence from the EI Officer or the Canada Employment Insurance Commission (Commission).…
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One of the clearest messages from the #MeToo movement has been that sexual harassers need to be held accountable for their actions. This message has resonated with employers and most now appreciate that they need to promptly investigate and appropriately address misconduct once they become aware of it. But employer obligations extend beyond remedial action and include, in Ontario and other jurisdictions, implementing preventative policies and educating employees on the policies.

However, a new US research report indicates that policies aren’t enough and employers need to pay attention to certain warning signs in the workplace to effectively stem sexual harassment. The report’s authors contend that organizational climate is the greatest determinant of sexual harassment occurring in a workplace. In fact, corporate culture can either encourage or discourage an employee to harass, according to the authors.…
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