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Progressive Discipline

"Employee Suspension: With or Without Remuneration?"

Jurisdiction: - Quebec

Alain P. Lecours, a lawyer at Lecours & Lessard in Montreal has written an article entitled, "Employee Suspension: With or Without Remuneration?" (March 2006).

The paper discusses the difference between disciplinary suspensions and administrative suspensions. Although Mr. Lecours discusses this issue in the context of Quebec employment law, a similar if not the same analysis applies in the rest of Canada.

The paper was written for the firm's, "The Legal Insider" publication and was written in collaboration with Me Marie-Eve Brassard (redaction) and Me Louis-René Hébert (translation).

"Employee Discharge and Documentation in Ontario - Constructive Dismissal"

Jurisdiction: - Ontario

"Employee Discharge and Documentation in Ontario - Constructive Dismissal" (undated) is the title of a paper written by Janice Payne and Chris Rootham at the law firm Nelligan O’Brien Payne in Ottawa. The paper was written for the Lorman Education Services.

Arbitrator upholds 3-day suspension for local union president who copied business records without permission

Jurisdiction: - Ontario
Sector: - Media - Unions

North Bay Newspaper Guild v. North Bay Nugget, [2005] O.L.A.A. No. 476 (QL) (Luborsky)

"Can An Employer Suspend A Non-Union Employee?"

Shane Smith, a lawyer at Miller Thomson, has written an article entitle, "Can An Employer Suspend A Non-Union Employee?" (April 25, 2005).

The article points to the decisions in Reininger v. Unique Personnel Canada Inc., [2002] O.J. No. 2826, and Hussey v. Canadian Pacific Hotels Corp., [2004] N.J. No. 152 for the proposition that:

...in workplaces where there is a history of suspending employees as a disciplinary tool, or where policies exist which indicate that suspensions may be used, the Courts have been inclined to find an implied power to suspend.

Can an employer impose an administrative suspension on an employee facing criminal charges?

Jurisdiction: - Quebec
Sector: - Insurance

In Cabiakman v. Industrial Alliance Life Insurance Co., 2004 SCC 55, the Supreme Court of Canada ("SCC") addressed if/when an employer can impose an administrative suspension on a non-unionized employee facing criminal charges.

The employer and employee were located in Quebec thus governed by the Quebec Civil Code. However, the principles enunciated by the court likely also apply to employment contracts formed in Canada's other jurisdictions.

Background

The employer was an insurance company and hired the employee as a sales manager in one of its branch offices. Approximately three months after he was hired, the employee was arrested at home for the attempted extortion of his securities broker. He was held in custody for about three days and then released after pleading not guilty to the charges. Shortly thereafter, a newspaper picked up the story and published an article.

The employer suspended the employee without pay, without investigating the situation and without providing the employee the opportunity to explain the situation.  read more »

"Ontario Court of Appeal Finds Manager’s Unreasonable Criticism to be a Constructive Dismissal"

Janice Payne and Sonia Virc at Nelligan O'Brien Payne LLP in Ontario have written an article entitled,"Ontario Court of Appeal Finds Manager's Unreasonable Criticism to be a Constructive Dismissal".

The article was originally published in the Executive Employment Newsletter - Volume VIII, No. 1, 2001) and addresss the decision in Shah v. Xerox, 2000 CanLII 2317 (ON C.A.)