Canada: Cumulative Misconduct: Mounting A Case For Just Cause

The Ontario Superior Court has released a decision, Chopra v. Easy Plastic Containers Limited (Chopra), in which a cumulative series of acts of misconduct by an employee were found justify his termination for cause. The decision provides a useful precedent for employers seeking to rely on repeated incidents of misconduct or poor performance to establish just cause for an employee’s dismissal.

Background

Chopra involved a shift supervisor who, over the course of roughly two years, was […]

By | January 10th, 2015 ||

Canada: Alberta Human Rights Decision Highlights Employer’s Responsibility To Accommodate Childcare Obligations As Family Status

In Clark v Bow Valley College, (2014 AHRC 4), Ms. Leah Clark filed a human rights complaint on April 11, 2011 against her employer, Bow Valley College, (the “College”), that was heard by the Alberta Human Rights Tribunal. Her complaint alleged discrimination on the ground of family status after her employment was deemed to be abandoned by the College. Ms. Clark did not return from maternity leave on the date required by the College […]

By | January 9th, 2015 ||

United States: Franchisors Beware: NLRB Seeking To Super-Size Joint Employer Liability

The National Labor Relations Board’s (“NLRB”) General Counsel’s Office has again signaled its commitment to expanding the scope of the current test for joint employment. In a move that could have implications for a broad array of franchise relationships, on December 19, 2014, the General Counsel of the NLRB announced that it has issued complaints against both McDonald’s franchisees and McDonald’s USA, the franchisor, as a joint employer. The decision to name McDonald’s as […]

By | January 9th, 2015 ||