Tagline
Lancaster HouseLancaster House On-Line



 
  HomeAbout Lancaster HouseContact UsSite Map
Headlines
E-Bulletins
Lancaster Online Database
Leading Cases Online
Directory of Arbitrators
Books & Services
Conferences
Audio Conferences
Supreme Court Watch
International Labour Law
Labour Ministries, Boards & Tribunals
Links
Legislation
Employment Opportunities

 
AUDIO CONFERENCE
Discharge for Incompetence and Incapacity
FACILITATORS:
Noella Martin Employer Counsel
Merrick Holm
  

Kimberley Turner

Union Counsel
Pink Breen Larkin
THE EXPERTS:
Lucy McSweeneyEmployer Counsel
Ontario Ministry of the Attorney General
   
Simon Renouf Union Counsel
 
THE ISSUES:

Some of the questions addressed:

  • When will poor performance justify termination? In cases of low productivity? Substandard work? When it raises safety concerns? What steps must employers take prior to dismissing an employee for poor performance?

  • Can poor performance ever be characterized as "culpable" conduct? What standard of review do arbitrators apply in cases of non-disciplinary termination? How does it differ from the standard of just cause for disciplinary termination?

  • Are probationary employees subject to different standards? What kind of process must be used to determine a probationary employee's suitability?

  • What are an employer's obligations in circumstances where a worker has become incapacitated by illness? By accident? Are an employer's accommodation obligations different if the accident is non-work-related?

  • What means are employers permitted to use to investigate the legitimacy of an employee's absence due to illness or injury? How have arbitrators approached evidence produced by an employer's investigation? What is admissible?

  • What is the next step when a disabled employee can no longer perform his/her job, even with accommodation? Is the employer entitled to terminate the employment relationship? Is the relationship "frustrated"? What if there is some chance of rehabilitation in the future?

  • What happens when a third party insists that an employee be fired? Or refuses to allow the employee to perform work for it or service its account? What is the consequence where a licence is required for work and it expires or is suspended or terminated?

 
 
Top
© Copyright 2005 Lancaster House. All Rights Reserved.