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An oversight board had recommended that Jeffrey Maddrey, the chief of department, be punished for interfering with an arrest. Commissioner Edward Caban dismissed the case. Commissioner Edward Caban of the [...]

A random question occurred to me the other day, 'Could disciplining an employee due to their body odour be a form of discrimination?' This question occurred to me when I [...]

Previously printed in the LexisNexis Labour Notes Newsletter. Metrolinxv. Amalgamated Transit Union, Local 1587, 2024 ONSC 1900 (Ont. Div. Ct.) involved the Ontario Divisional Court's judicial review of an arbitration [...]

In Carr v. O'Reilly, 2024 ONSC 4412 (CanLII), the President of a not-for-profit corporation successfully brought an oppression application under section 253 of the Canada Not-for-profit Corporations Act (the 'Act') [...]

Background In this case, the Supreme Court ('SC'), vide, its' judgment dated December 14,2023, held that merely because a workman was suspended, it cannot claim immunity from the rules and [...]

Arbitral jurisprudence concerning mandatory vaccination policies has continued to develop since the first Ontario labour arbitration award was released in November 2021.1 Fasken recently represented a hospital (the 'Hospital') in [...]

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board's to reconsider the standard for whether abusive or inappropriate speech [...]

Korzeniowski v. Alberta (Assn. of Professional Engineers and Geoscientists), [2024] A.J. No. 291, Alberta Court of Appeal, March 15, 2024, D. Pentelechuk, W.T. deWit and J.A. Fagnan JJ.A. Mr. K, [...]

Introduction One of the most common queries which our RDJ LLP Employment Team receives is whether or not employees are entitled to bring either trade union or legal representation with [...]

A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been [...]

There are currently two types of suspension recognised in our law, precautionary and punitive suspensions. Precautionary suspension is implemented as a preventive measure pending an investigation and/or disciplinary proceedings in [...]

Case citation: Grimes v Governors of the University of Lethbridge, 2023 ABKB 432 In the Alberta Court of King's Bench decision in Grimes v Governors of the University of Lethbridge, [...]

Gov. Ron DeSantis of Florida suspended Andrew H. Warren, the state attorney in Tampa, who had vowed not to criminalize abortion. TALLAHASSEE, Fla. -- Last December, Gov. Ron DeSantis of [...]

It is crucial that employers in the motor industry are adept at managing employee relations issues, primarily grievances and disciplinary matters, promptly and fully. Two recent cases have provided useful [...]

'Not the function of the Court to act as an appellate court or to use the judicial review proceedings as a cloak for, or to disguise, what is in essence [...]

No good deed goes unpunished. Little did City of Durham Police Sergeant Michael Mole' know, in his first crack at negotiating on his own the surrender of an armed and [...]

When can an employer in the private sector interfere with a disciplinary sanction imposed by a chairperson of a disciplinary hearing, in circumstances where the employer's disciplinary code and procedure [...]

In Lengler Werner v. Hong Kong Express Airways Limited [2021] HKCFI 1333, the Court of First Instance (the 'Court') examined the power of 'suspension' of an employee, including under section [...]

Byline: THE CANADIAN PRESS OTTAWA -- Lead Senator Mike Duffy has lost his bid to overturn a court decision blocking him from suing the Senate for millions of dollars over [...]

In a recent decision declining to overturn the arbitration board despite their disagreement and even 'bewilderment' with the decision, the Eighth Circuit again confirms that the National Rail Adjustment Board [...]

In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee's misconduct did not justify dismissal for cause without notice. The court [...]

Employers should have strong privacy management programs in place and should consider potential privacy issues when making disciplinary decisions. Generally, employees have a reasonable expectation of privacy on workplace computers [...]

Unfair to dismiss for reputational damage when this was not put to the teacher as a formal allegation. On the principles of natural justice, an employee facing disciplinary action should [...]

A common argument that arises between employers and employees is one of 'resignation vs dismissal'. This is especially true where there has been a dispute between the employee and a [...]

American Airlines Broke Sick-Leave Law, Suit Says New York City's worker protection department on Thursday accused American Airlines of violating the city's law on sick leave by retaliating against workers [...]

Byline: R.I. Lawyers Weekly Staff Where the Department of Labor and Training Board of Review found a discharged employee to be eligible to receive unemployment benefits, that decision must be [...]

The Supreme Court has helpfully clarified the circumstances in which an employee may be entitled to legal representation during a disciplinary process. The decision of Clarke CJ in the case [...]

Byline: Virginia Lawyers Weekly Plaintiff failed to prove that her sexual harassment claim or testimony in a deposition, both protected activities, were the 'but for' cause of her being put [...]

The administration of Mayor Bill de Blasio has steadily expanded the city's interpretation of a state law that bars public disclosure of the personnel records of police officers, firefighters and [...]

A federal judge in Texas has denied the N.F.L.'s request to suspend his injunction that blocked a six-game suspension for Dallas Cowboys running back Ezekiel Elliott. The ruling from United [...]