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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 21:13, 27 September 2022
, 21:13, 27 September 2022→b) Poor Employee Performance
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:d) the possible repercussions of failing to meet those standards were clearly communicated. | :d) the possible repercussions of failing to meet those standards were clearly communicated. | ||
Just cause for termination exists when an employee fails to respond to these measures. However, the ESB and courts require that the employer prove that all these steps were taken. There is also a requirement that the employee appreciates the significance of the warning (''Korber v Can West Imports Limited and Satten'', [1984] BCWLD 737). See ''Hennessy v Excell Railing Systems Ltd.'' (2005 BCSC 734), for a comprehensive list of what an employer must show to establish poor performance. | Just cause for termination exists when an employee fails to respond to these measures. However, the ESB and courts require that the employer prove that all these steps were taken. There is also a requirement that the employee appreciates the significance of the warning (''Korber v Can West Imports Limited and Satten'', [1984] BCWLD 737). | ||
See ''Hennessy v Excell Railing Systems Ltd.'' (2005 BCSC 734), for a comprehensive list of what an employer must show to establish poor performance. | |||
Incompetence as grounds for dismissal needs to be considered in light of the ''Human Rights Code'' and the ''bona fide'' occupational requirement (“BFOR”) test (see ''British Columbia (Public Service Employee Relations Commission) v British Columbia Government and Service Employees’ Union'' (BCGSEU), [1999] 3 SCR 3). In a case of poor employee performance, the ESB will not find just cause for dismissal unless the employer can demonstrate a “neglect of duties”. | Incompetence as grounds for dismissal needs to be considered in light of the ''Human Rights Code'' and the ''bona fide'' occupational requirement (“BFOR”) test (see ''British Columbia (Public Service Employee Relations Commission) v British Columbia Government and Service Employees’ Union'' (BCGSEU), [1999] 3 SCR 3). In a case of poor employee performance, the ESB will not find just cause for dismissal unless the employer can demonstrate a “neglect of duties”. | ||
