A Human Rights Tribunal in Quebec has sided with a man who was fired for his job after he was charged with marijuana possession and the charges were later dropped. The man was an employee of a flooring company sent on contract to perform work at a prison for inmates who committed sexual crimes. The prison, which was closed for renovations at the time, thought the man a security risk and did not permit him on site. He was fired by his employer and lodged a human rights complaint shortly thereafter. The Tribunal held that even if he had been convicted of the possession charges, there was no rational link between that offence and the perceived security risk:
The Ontario Court of Appeal recently upheld a common and related employer decision. At the court below, several related corporate defendants were found jointly and severally liable for reasonable notice of termination and pension benefits despite the fact that the plaintiff had not been technically employed by some of the defendants:
- http://www.canadianemploymentpensionlaw.com/termination/ontario-court-of-appeal-upholds-common-and-related-employer-ruling-in-king-decision/
- http://www.canlii.org/en/on/onca/doc/2015/2015onca312/2015onca312.html
Termination of a unionized probationary employee can have consequences.
The Canadian Payroll Consulting blog advocates for the reform of “province of employment” rules:
Much has been written on social media and elsewhere about the #FHRITP story which came to a head here in Canada over the past few days. A history of the meme can be found here (which actually began as a series of fake news blooper clips) along with video of CityTV News reporter Shauna Hunt now famously confronting the heckler. Word came out yesterday that one of the men in the video was about to be fired and a second man was under investigation by his employer. Once again, off-duty misconduct is shown to have very real consequences in the workplace:
Calgary HR Law 