Canada: A Reckless Disregard For Safety Is Cause For Termination

A recent Ontario arbitration decision has illustrated that a serious workplace safety incident can lead to termination. While the appropriateness of discipline will always turn on the specific circumstances, the case of Sudbury Integrated Nickel Operations v. Sudbury Mine, Mill & Smelter Workers’ Union Unifor, Local 598, [2015] CanLII 32018 provides a useful example of when termination is justified following a workplace accident.

In this instance a mining trolley became derailed from its’ tracks […]

By | September 14th, 2015 ||

Jersey: Changes To The Employment Law

On 1 September 2015 significant new employment rights will come into force in Jersey aimed at supporting families and gender equality.

For the first time women will have a right to maternity leave of between 8 and 18 weeks including two weeks paid leave. Fathers, adopters and civil partners will be entitled to take up to two weeks unpaid parental leave. As an added layer of protection unfair dismissal rights are extended so that dismissal […]

By | September 11th, 2015 ||

Religious Discrimination: Do Not Count On The Rosary

On August 20, 2015, the U.S. Court of Appeals for the Fifth Circuit held that a plaintiff could not prevail on a Title VII religious discrimination claim where there was no evidence the employer knew that the reason that the plaintiff refused to complete a job duty, which led to the employee’s termination, was that she had a conflicting religious belief.

Plaintiff Kelsey Nobach (“Nobach”) worked for Defendant Woodland Village Nursing Center (“Woodland”) as a […]

By | September 9th, 2015 ||