| 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?
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