From bulletin Gestion Plus
To subscribe, click here!
RSS feed - Flash-infos
A 25% REDUCTION OF HIS INCOME DID NOT AMOUNT TO VEILED DISMISSAL
A 25% reduction of his income did not amount to veiled dismissal
more
DISTINCTION BETWEEN A NON-DISCLOSURE OF CONFIDENTIAL INFORMATION CLAUSE AND A NON-COMPETITION CLAUSE
Distinction between a non-disclosure of confidential information clause and a non-competition clause
more
THREATENING TO START A MASS MURDER IN A FACTORY JUSTIFIED DISMISSAL
Threatening to start a mass murder in a factory justified dismissal
more
HIS GPS COULD BRING A WHOLE NEW TWIST TO HIS DISCIPLINARY FILE
His GPS could bring a whole new twist to his disciplinary file
more
STRESSED BY HIS FORELADY, HE FAINTS AND INJURES HIMSELF: AN OCCUPATIONAL INJURY
STRESSED BY HIS FORELADY, HE FAINTS AND INJURES HIMSELF: AN OCCUPATIONAL INJURY
more
THE DIRECTOR WHO ALLEGED BEING SUBJECTED TO PSYCHOLOGICAL HARASSMENT FROM A SUBORDINATE DID NOT DO HER JOB
THE DIRECTOR WHO ALLEGED BEING SUBJECTED TO PSYCHOLOGICAL HARASSMENT FROM A SUBORDINATE DID NOT DO HER JOB
more
THE EMPLOYER MAY LIMIT THE NUMBER OF HOURS WORKED PER DAY
THE EMPLOYER MAY LIMIT THE NUMBER OF HOURS WORKED PER DAY
more
NO SECOND CHANCE: DISMISSED FOR SMOKING A “JOINT” AT WORK
NO SECOND CHANCE: DISMISSED FOR SMOKING A “JOINT” AT WORK
more
DUE DILIGENCE: RULES, UNANNOUNCED VISITS AND DISCIPLINARY MEASURES CAN BE ENOUGH
DUE DILIGENCE: RULES, UNANNOUNCED VISITS AND DISCIPLINARY MEASURES CAN BE ENOUGH
more
MALICIOUS USE OF A COMPUTER: THE EMPLOYER CAN EXAMINE ITS CONTENT
MALICIOUS USE OF A COMPUTER: THE EMPLOYER CAN EXAMINE ITS CONTENT
more
FACED WITH A CONCERTED REFUSAL TO WORK OVERTIME, THE UNION CANNOT REMAIN PASSIVE
FACED WITH A CONCERTED REFUSAL TO WORK OVERTIME, THE UNION CANNOT REMAIN PASSIVE
more
HE COULD NOT REFUSE TO WORK OVERTIME MERELY BY CLAIMING FAMILY OBLIGATIONS
HE COULD NOT REFUSE TO WORK OVERTIME MERELY BY CLAIMING FAMILY OBLIGATIONS
more
CAUSING A COLLISION WITH A CO-WORKER’S LIFT TRUCK IS JUSTIFICATION FOR DISMISSAL
CAUSING A COLLISION WITH A CO-WORKER’S LIFT TRUCK IS JUSTIFICATION FOR DISMISSAL
more
THE OBLIGATION TO DENOUNCE A CO-WORKER CAN BE LEGITIMATE
THE OBLIGATION TO DENOUNCE A CO-WORKER CAN BE LEGITIMATE
more
NABBED THANKS TO A GPS
NABBED THANKS TO A GPS
more
GOOD NEWS: PAYMENT OF ANNUAL VACATION TAKEN IN ADVANCE DOES NOT ENTAIL RECURRENCE
GOOD NEWS: PAYMENT OF ANNUAL VACATION TAKEN IN ADVANCE DOES NOT ENTAIL RECURRENCE
more
THE COGNAC IS... ON YOUR TAB…
THE COGNAC IS... ON YOUR TAB…
more
THE WEEK-LONG VACATION HE TOOK COSTS HIM HIS JOB, DESPITE HIS 45-YEAR SENIORITY
THE WEEK-LONG VACATION HE TOOK COSTS HIM HIS JOB, DESPITE HIS 45-YEAR SENIORITY
more
ALLOWING HER TO WORK ONLY IN THE AFTERNOON AMOUNTED TO UNDUE HARDSHIP
ALLOWING HER TO WORK ONLY IN THE AFTERNOON AMOUNTED TO UNDUE HARDSHIP
more
INABILITY TO BECOME PART OF THE TEAM JUSTIFIES TERMINATION
INABILITY TO BECOME PART OF THE TEAM JUSTIFIES TERMINATION
more
VIDEO EVIDENCE: THE INSIDE OF A PERSON’S RESIDENCE IS HER SACRED SPACE
VIDEO EVIDENCE: THE INSIDE OF A PERSON’S RESIDENCE IS HER SACRED SPACE
more
NON-COMPETITION CLAUSE: MODERATION IS ALWAYS IN GOOD TASTE
NON-COMPETITION CLAUSE: MODERATION IS ALWAYS IN GOOD TASTE
more
PLACING AN EMPLOYEE ON THE SHELF AMOUNTS TO PSYCHOLOGICAL HARASSMENT
PLACING AN EMPLOYEE ON THE SHELF AMOUNTS TO PSYCHOLOGICAL HARASSMENT
more
MUNICIPAL AFFAIRS: THE APPARENT CONFLICT OF INTEREST JUSTIFIED DISMISSAL
MUNICIPAL AFFAIRS: THE APPARENT CONFLICT OF INTEREST JUSTIFIED DISMISSAL
more
COST TRANSFER GRANTED: HIS PANTS CAUGHT FIRE DUE TO HIS OWN NEGLIGENCE
COST TRANSFER GRANTED: HIS PANTS CAUGHT FIRE DUE TO HIS OWN NEGLIGENCE
more
HER TRAVEL PICTURES ON FACEBOOK MAY HARM HER CASE
HER TRAVEL PICTURES ON FACEBOOK MAY HARM HER CASE
more
DISMISSED 2 DAYS AFTER HIRING BECAUSE HE HAS NO FINGERS ON HIS LEFT HAND
DISMISSED 2 DAYS AFTER HIRING BECAUSE HE HAS NO FINGERS ON HIS LEFT HAND
more
ABUSE OF PROCESS: THE C.S.N. MUST PAY THE EMPLOYER’S ATTORNEY’S FEES AND THE ARBITRATOR’S FEES
ABUSE OF PROCESS: THE C.S.N. MUST PAY THE EMPLOYER’S ATTORNEY’S FEES AND THE ARBITRATOR’S FEES
more
CHRONIC LATENESS IS INCOMPATIBLE WITH A TEACHER’S POSITION
CHRONIC LATENESS IS INCOMPATIBLE WITH A TEACHER’S POSITION
more
A 3-WEEK SUSPENSION IS SUBSTITUTED FOR DISMISSAL: THE EMPLOYEE IS NOT ENTITLED TO ANY INDEMNITY, SINCE SHE MADE NO ATTEMPT TO REDUCE HER DAMAGES
A 3-WEEK SUSPENSION IS SUBSTITUTED FOR DISMISSAL: THE EMPLOYEE IS NOT ENTITLED TO ANY INDEMNITY, SINCE SHE MADE NO ATTEMPT TO REDUCE HER DAMAGES
more
VIOLENT BEHAVIOUR DURING A CHRISTMAS PARTY: THE EMPLOYER IS ENTITLED TO TAKE SEVERE ACTION
VIOLENT BEHAVIOUR DURING A CHRISTMAS PARTY: THE EMPLOYER IS ENTITLED TO TAKE SEVERE ACTION
more
A PSYCHOLOGICAL HARASSMENT CLAIM: THE EMPLOYER’S MOTION TO DISMISS IS UPHELD
A PSYCHOLOGICAL HARASSMENT CLAIM: THE EMPLOYER’S MOTION TO DISMISS IS UPHELD
more
FAMILY OBLIGATIONS: A “SERIOUS” ILLNESS NEED NOT BE POTENTIALLY FATAL
FAMILY OBLIGATIONS: A “SERIOUS” ILLNESS NEED NOT BE POTENTIALLY FATAL
more
THE OBLIGATION TO MITIGATE ONE’S DAMAGES CAN GO AS FAR AS RETURNING TO WORK WITH AN EX-EMPLOYER
THE OBLIGATION TO MITIGATE ONE’S DAMAGES CAN GO AS FAR AS RETURNING TO WORK WITH AN EX-EMPLOYER
more
DISCIPLINARY MEASURE: LOCK-OUT, ONCE AGAIN
DISCIPLINARY MEASURE: LOCK-OUT, ONCE AGAIN
more
FREE ACTIVITIES DURING A CONVENTION: A SKI INJURY IS AN ACCIDENT WHICH OCCURRED IN THE CONTEXT OF WORK
FREE ACTIVITIES DURING A CONVENTION: A SKI INJURY IS AN ACCIDENT WHICH OCCURRED IN THE CONTEXT OF WORK
more
HE MISPLACED A DEPOSIT: THE EMPLOYER’S REPRIMAND AND CLAIM FOR $2500 ARE JUSTIFIED
HE MISPLACED A DEPOSIT: THE EMPLOYER’S REPRIMAND AND CLAIM FOR $2500 ARE JUSTIFIED
more
THE EMPLOYER WAS RIGHT TO MANAGE A SITUATION AS A PERSONALITY CONFLICT, RATHER THAN AS A CASE OF PSYCHOLOGICAL HARASSMENT
THE EMPLOYER WAS RIGHT TO MANAGE A SITUATION AS A PERSONALITY CONFLICT, RATHER THAN AS A CASE OF PSYCHOLOGICAL HARASSMENT
more
A DOCUMENT ON WHICH A DIAGNOSIS HAS BEEN CROSSED OUT IS NOT A MEDICAL CERTIFICATE
A DOCUMENT ON WHICH A DIAGNOSIS HAS BEEN CROSSED OUT IS NOT A MEDICAL CERTIFICATE
more
“I’M PERFECTLY OK, DOCTOR!”: IT IS NOT UP TO THE WORKER TO DECIDE WHETHER OR NOT HE STILL EXPERIENCES AFTER-EFFECTS
“I’M PERFECTLY OK, DOCTOR!”: IT IS NOT UP TO THE WORKER TO DECIDE WHETHER OR NOT HE STILL EXPERIENCES AFTER-EFFECTS
more
CALLING HIS EMPLOYEE “OLD LADY” COST HIM $4000 IN DAMAGES
CALLING HIS EMPLOYEE “OLD LADY” COST HIM $4000 IN DAMAGES
more
LATE WHISTLE BLOWING REGARDING SIMILAR ACTS OF THEFT COMMITTED BY CO-WORKERS IS AN AGGRAVATING FACTOR
LATE WHISTLE BLOWING REGARDING SIMILAR ACTS OF THEFT COMMITTED BY CO-WORKERS IS AN AGGRAVATING FACTOR
more
TEMPORARY ASSIGNMENT: EMPLOYEES WHO LIE DURING A MEDICAL EXAMINATION PLACE THEIR JOBS AT RISK
TEMPORARY ASSIGNMENT: EMPLOYEES WHO LIE DURING A MEDICAL EXAMINATION PLACE THEIR JOBS AT RISK
more
THE WORKER’S CONFRONTATIONAL ATTITUDE PRECLUDES A RULING IN FAVOUR OF PSYCHOLOGICAL INJURY
THE WORKER’S CONFRONTATIONAL ATTITUDE PRECLUDES A RULING IN FAVOUR OF PSYCHOLOGICAL INJURY
more
SHE RESISTED THE NEW DIRECTOR’S INSTRUCTIONS, BUT WAS NOT SUBJECTED TO PSYCHOLOGICAL HARASSMENT
SHE RESISTED THE NEW DIRECTOR’S INSTRUCTIONS, BUT WAS NOT SUBJECTED TO PSYCHOLOGICAL HARASSMENT
more
ADDICTION ISSUES IN A FLOUR MILL: SCREENING TESTS ARE REASONABLE
ADDICTION ISSUES IN A FLOUR MILL: SCREENING TESTS ARE REASONABLE
more
ACCOMMODATION: THE EMPLOYEE HAD NO RIGHT TO DEMAND TO HAVE “HER” SOLUTION IMPLEMENTED BY THE EMPLOYER
ACCOMMODATION: THE EMPLOYEE HAD NO RIGHT TO DEMAND TO HAVE “HER” SOLUTION IMPLEMENTED BY THE EMPLOYER
more
CONCILIATION SETTLEMENT: CONSENT CANNOT BE HALF GIVEN
CONCILIATION SETTLEMENT: CONSENT CANNOT BE HALF GIVEN
more
NON-COMPLIANCE WITH SAFETY RULES: SUPERVISING, THREATENING, AND SOMETIMES SHOWING TEETH!
NON-COMPLIANCE WITH SAFETY RULES: SUPERVISING, THREATENING, AND SOMETIMES SHOWING TEETH!
more
FALSE STATEMENT AT TIME OF HIRING: A TRANSFER OF C.S.S.T. APPLIED COSTS IS POSSIBLE
FALSE STATEMENT AT TIME OF HIRING: A TRANSFER OF C.S.S.T. APPLIED COSTS IS POSSIBLE
more
THREATS AND INSULTS: VICTIM IMPACT, BEYOND INTENTION
THREATS AND INSULTS: VICTIM IMPACT, BEYOND INTENTION
more
OVERTIME MUST BE AUTHORIZED IN ORDER TO BE PAID
OVERTIME MUST BE AUTHORIZED IN ORDER TO BE PAID
more
CHRONIC LATENESS: PROBLEMS RELATED TO FAMILY OBLIGATIONS ARE NOT A VALID EXCUSE
CHRONIC LATENESS: PROBLEMS RELATED TO FAMILY OBLIGATIONS ARE NOT A VALID EXCUSE
more
THE DUTY TO ACCOMMODATE DOES NOT VARY DEPENDING ON WHETHER THE EMPLOYER IS IN THE PRIVATE OR PUBLIC SECTOR
THE DUTY TO ACCOMMODATE DOES NOT VARY DEPENDING ON WHETHER THE EMPLOYER IS IN THE PRIVATE OR PUBLIC SECTOR
more
FALSE STATEMENTS AT TIME OF HIRING: THE DISMISSAL OF A STOCK HANDLER WHO HAD CONCEALED HIS CONVICTION FOR CREDIT CARD FRAUD IS UPHELD
FALSE STATEMENTS AT TIME OF HIRING: THE DISMISSAL OF A STOCK HANDLER WHO HAD CONCEALED HIS CONVICTION FOR CREDIT CARD FRAUD IS UPHELD
more
DISMISSAL UPHELD FOR INABILITY TO HAVE NORMAL INTERPERSONAL RELATIONSHIPS
DISMISSAL UPHELD FOR INABILITY TO HAVE NORMAL INTERPERSONAL RELATIONSHIPS
more
IT IS UP TO THE EMPLOYEE TO INFORM HER EMPLOYER REGARDING THE EVOLUTION OF HER STATE OF HEALTH
IT IS UP TO THE EMPLOYEE TO INFORM HER EMPLOYER REGARDING THE EVOLUTION OF HER STATE OF HEALTH
more
AN UNPLEASANT WAY OF COMMUNICATING THAT IS NOT HARASSMENT
AN UNPLEASANT WAY OF COMMUNICATING THAT IS NOT HARASSMENT
more
AN EMPLOYER CAN ALSO LODGE GRIEVANCES IF THE UNION GOES TOO FAR
AN EMPLOYER CAN ALSO LODGE GRIEVANCES IF THE UNION GOES TOO FAR
more
THE INSTALLATION OF CAMERAS TO MEET C-TPAT REQUIREMENTS WAS REASONABLE
THE INSTALLATION OF CAMERAS TO MEET C-TPAT REQUIREMENTS WAS REASONABLE
more
AN AILING MOTHER: A VISIT TO A SICK RELATIVE DOES NOT JUSTIFY AN EMPLOYEE’S ABSENCE FROM WORK
AN AILING MOTHER: A VISIT TO A SICK RELATIVE DOES NOT JUSTIFY AN EMPLOYEE’S ABSENCE FROM WORK
more
DESPITE THE LACK OF WRITTEN NOTICE, A ONE-DAY SUSPENSION FOR SMOKING WAS APPROPRIATE
DESPITE THE LACK OF WRITTEN NOTICE, A ONE-DAY SUSPENSION FOR SMOKING WAS APPROPRIATE
more
THE HIRING OF AN EMPLOYEE IS PRIMARILY A WORK CONTRACT, NOT A SALARY INSURANCE CONTRACT
THE HIRING OF AN EMPLOYEE IS PRIMARILY A WORK CONTRACT, NOT A SALARY INSURANCE CONTRACT
more
SECTION 124: SENIORITY IS NOT ALWAYS THE DETERMINING FACTOR WHEN LAYING OFF EMPLOYEES
SECTION 124: SENIORITY IS NOT ALWAYS THE DETERMINING FACTOR WHEN LAYING OFF EMPLOYEES
more
ABSENCES FOR TREATMENTS FOLLOWING A WORK ACCIDENT MAY BE MONITORED
ABSENCES FOR TREATMENTS FOLLOWING A WORK ACCIDENT MAY BE MONITORED
more
A SUPERIOR'S CRITICISM OF AN EMPLOYEE'S PERFORMANCE DOES NOT CONSTITUTE PSYCHOLOGICAL HARASSMENT
A SUPERIOR'S CRITICISM OF AN EMPLOYEE'S PERFORMANCE DOES NOT CONSTITUTE PSYCHOLOGICAL HARASSMENT
more
DISTRIBUTION OF OVERTIME HOURS: A RESPONSE DEADLINE OF 5 MINUTES IS SUFFICIENT
DISTRIBUTION OF OVERTIME HOURS: A RESPONSE DEADLINE OF 5 MINUTES IS SUFFICIENT
more
HEALTH AND SAFETY: EMPLOYER ACQUITTED, SINCE STRICT GUIDELINES WERE ISSUED TO EMPLOYEES
HEALTH AND SAFETY: EMPLOYER ACQUITTED, SINCE STRICT GUIDELINES WERE ISSUED TO EMPLOYEES
more
LIGHT WORK DOES NOT MEAN UNNECESSARY, DEMEANING TASKS
LIGHT WORK DOES NOT MEAN UNNECESSARY, DEMEANING TASKS
more
PRESUMPTION OF RESIGNATION ON RETURN FROM MATERNITY LEAVE: EMPLOYER IMPLIED THAT IT WAIVED ITS RIGHT TO WRITTEN NOTICE
PRESUMPTION OF RESIGNATION ON RETURN FROM MATERNITY LEAVE: EMPLOYER IMPLIED THAT IT WAIVED ITS RIGHT TO WRITTEN NOTICE
more
DRUG USE: APPLICATION OF ZERO-TOLERANCE POLICY
DRUG USE: APPLICATION OF ZERO-TOLERANCE POLICY
more
ELECTIVE SURGERY DOES NOT ENTITLE EMPLOYEE TO EMPLOYMENT INSURANCE
ELECTIVE SURGERY DOES NOT ENTITLE EMPLOYEE TO EMPLOYMENT INSURANCE
more
SUPERVISOR’S INAPPROPRIATE BEHAVIOUR MIGHT NOT CONSTITUTE HARASSMENT
SUPERVISOR’S INAPPROPRIATE BEHAVIOUR MIGHT NOT CONSTITUTE HARASSMENT
more
HEALTH AND SAFETY: THE CARELESSNESS OF WORKERS DOES NOT RELEASE THE EMPLOYER FROM HIS RESPONSIBILITY
HEALTH AND SAFETY: THE CARELESSNESS OF WORKERS DOES NOT RELEASE THE EMPLOYER FROM HIS RESPONSIBILITY
more
TO ACCOMMODATE AN EMPLOYEE, SHE STILL HAS TO BE WILLING TO WORK!
TO ACCOMMODATE AN EMPLOYEE, SHE STILL HAS TO BE WILLING TO WORK!
more
LACK OF EMPATHY FROM A SUPERIOR DOES NOT CONSTITUTE HARASSMENT
LACK OF EMPATHY FROM A SUPERIOR DOES NOT CONSTITUTE HARASSMENT
more
MIGRAINES DID NOT CONSTITUTE AN OCCUPATIONAL DISEASE
MIGRAINES DID NOT CONSTITUTE AN OCCUPATIONAL DISEASE
more
THE FUTURE EMPLOYEE HAS TO PAY $7,500 FOR QUITTING BEFORE EVEN STARTING THE JOB
An employer filed suit for damages against an employee he had just hired.
more
REFUSAL TO RESPECT SAFETY RULES ISSUED BY THE C.S.S.T. JUSTIFIED TERMINATION
The employee filed a complaint alleging to have been terminated because of an absence due to illness.
more
PARENTAL RESPONSIBILITIES: A DAYCARE SCHEDULE DOES NOT JUSTIFY TARDINESS
The employee contested a one-day suspension for having arrived late 3 days in a row (5 minutes each day).
more
LOSS OF PRESTIGE AND AUTONOMY CONSTITUTED A CONSTRUCTIVE DISMISSAL
A trade analyst alleges that he was the object of a constructive dismissal, while the employer submits that he quit.
more
ACCOMMODATING DISABILITY: EMPLOYEES MUST ALSO DO THEIR PART
The employee was absent with a major depression for more than 24 months when the employer agreed to extend the time allowed before ...
more
DEMANDING RESPECT FOR A WORK SCHEDULE IS NOT PSYCHOLOGICAL HARASSMENT
An administrative assistant filed a complaint under the Act respecting labour standards, alleging she was a victim of psychological harassment by her manager, since he particularly asked her to arrive on time in the morning ...
more