Human Resources Guide to Discipliine and Termination of Employment, 3rd Edition

Carol Nielsen, Donald Jarvis

Discipline and termination of employment are among the most difficult tasks that a human resources professional must face on a day-to-day basis. If an employer imposes discipline, they must be prepared to prove that the incident(s) of misconduct took place, that the imposition of discipline was warranted, and that the penalty imposed was reasonable. An employer unable to establish the foregoing could face substantial consequences and liability.

Human Resources Guide to Discipline and Termination of Employment, Third Edition provides a comprehensive understanding of the relevant legal principles and will enable the employer to effectively utilize the disciplinary procedure, ensuring that employees carry out their assigned work in an orderly, efficient, and productive manner.

New in this edition:

• An expanded discussion of the potential remedies/damages available before the Human Rights Tribunal of Ontario
• An overview of recently added leave entitlements in the Employment Standards Act, 2000 as a result of Bill 148, Fair Workplaces, Better Jobs Act, 2017
• An expanded discussion of workplace violence and harassment, including a discussion of Bill 132, which introduced amendments to the Occupational Health and Safety Act designed to further protect workers in the workplace
• New case law regarding workplace violence and harassment, public criticism of an employer by an employee, innocent and culpable absenteeism, last change agreements, punitive and aggravated damages, and the deductibility of disability benefits from wrongful dismissal damages
• A discussion of workplace intoxication and substance abuse and an employers ability to discipline its employees for such conduct
• A new chapter about employment contract clauses relating to discipline and termination of employment

An overview of termination entitlements for federally regulated employees under the Canada Labour Code Discipline and termination of employment are among the most difficult tasks that a human resources professional must face on a day-to-day basis. If an employer imposes discipline, they must be prepared to prove that the incident(s) of misconduct took place, that the imposition of discipline was warranted, and that the penalty imposed was reasonable. An employer unable to establish the foregoing could face substantial consequences and liability.