Page 12 - ILCO August 2015 Newsletter
P. 12
Are Employees Ever Really “Off the Clock”?
Meaghan S. Hughes
Cox and Palmer
Off-duty conduct of employees appropriate form of discipline, the
was subsequently uploaded to You Tube.
has been a hot topic in the news The video shows the grievor insisting the arbitrator considered the fact that
recently. In the age of round-the- male student apologize to her daughter, the grievor had identified herself
as a TDSB employee and directed
clock social media, inappropriate yelling inappropriate comments and
employee conduct can have far- obscenities at him, and telling him she vulgar and profane language at a
reaching effects on an employer’s works for the TDSB and can find out TDSB student on TDSB property.
brand and reputation. Employers anything she wants to find out about him. Clearly, the grievor’s conduct was
often face significant public pressure
substantially connected to her
Education Review em
to terminate an employee based on The employer dismissed the grievor ployment and impacted the
TDS
off-duty conduct, but concerns arise
on the basis that she had breached B’s reputation for those who saw
when terminations are unwarranted its employment policies, one of
or heard about the incident.
which specifically provided that it is
and may result in grievances
unacceptable for an employee to insult, Lessons for Employers:
(in unionized environments) or
CLE: E-Discovery, A Proactive Approach CLE: Understanding Proportionality
wrongful termination lawsuits (in degrade or direct demeaning comments
The test for determining whether
On Monday, February 28, the GTA division of ILCO’s Continuing On Monday, April 4, the GTA division of ILCO’s Continuing
to a child. The union grieved the
non-unionized environments).
Legal Education Committee was pleased to welcome Pamela Legal Education Committee was pleased to welcome Wendy
termination is justified varies slightly
Cole of LexisNexis Canada and Crystal O’Donnell of Potter
Fontaine-Peters of Micrapol Associates Ltd. Ms. Fontaine- dismissal, arguing that the altercation
depending on whether or not the
The recent case of Union of Public occurred when the grievor was off duty
Peters presented “E-Discovery, A Proactive Approach”. We were Farrelly & Associates. Ms. Cole and Ms. O’Donnell presented
workplace is unionized; however,
Employees, Local 4400 v. Toronto and that the employer has no jurisdiction
fortunate to have such an engaging and knowledgeable speaker. “Understanding Proportionality”. We were very fortunate to
the overall factors to be considered
Ms. Fontaine-Peters provided participants with practical have these two conversant and engaging speakers.
School
District
Board 2015 or authority over what employees do in
,
information respecting electronic discovery. Her presentation Ms. Cole and Ms. O’Donnell provided participants with an
are similar. Generally, employers
CarswellOnt 6561 provides an
comprehensively covered effective methods for the their private lives.
must show a link between the off-
example of off-duty conduct which
implementation of e-discovery strategies, including the right overview of timely information in respect of the new Rule
governing proportionality within the discovery process. This
duty conduct and the workplace. For
questions to ask during examinations or client interviews, The onus was on the employer to
resulted in dismissal.
how to prepare targeted requests for emails, metadata and dynamic and interactive program provided participants with
example, that the off-duty conduct
advice, tips and strategies for understanding the practical
electronically stored information, and how to conserve demonstrate that discipline for off-duty
has significantly affected employer’s
In September 2012, the greivor
application of the proportionality Rule, what evidence is
resources when preserving documents in connection with conduct was warranted. On the facts
ability to manage the operation or
attended a Toronto District School of the case, the arbitrator accepted the
litigation. required, and what the courts will expect when proportionality
is in issue.
workforce, or that it has harmed the
Board (TBSB) school – off duty - to employer’s position that the grievor’s
general reputation of the business.
The materials from this program are available for purchase The materials from this program are available for purchase
pick up her 13 year-old daughter. conduct clearly harmed the TDSB’s
($35.00 for ILCO members; $50.00 for non-members). Please ($35.00 for ILCO members; $50.00 for non-members). Please
When she arrived, the grievor thought
reputation and as such discipline was
contact Leslie-Ann Reynolds at the ILCO head office for details contact Leslie-Ann Reynolds at the ILCO head office for details
(Millhaven Fibres Ltd.
that a 14 year-old male student ropriate
(leslie_reynolds@ilco.on.ca). app (leslie_reynolds@ilco.on.ca). In an effort to prevent such
Millhaven Works, and Oil, Chemical and
had been bullying her daughter. situations, expectations for off-duty
conduct should be clearly set out
Congratulations to Cathy Stallone of Cassels Brock & Blackwell Congratulations to Stacey Leadbetter of Gowling Lafleur
An altercation ensued, which was Atomic Workers Int’l Union, Local9-670
LLP who won the great door prize. Henderson LLP who won the great door prize.
recorded by student bystanders and (1967)). As to whether dismissal was the in employment policies, along with
consequences for conduct
The Institute of Law Clerks of Ontario (ILCO) that is potentially damaging
The Institute of Law Clerks of Ontario (ILCO)
can accommodate business meetings for large or to the employer’s brand
Education Centre can accomodate business
small groups
meetings for large or small groups and reputation. Employers
WE OFFER: should incorporate such
ILCO’s Education Centre • Location – in the heart of the financial district of policies into employment
room is for Rent! Toronto agreements, or have the
is for Rent!
• Bright and spacious room – various seating plans
available including a classroom setting employee sign off on
• Modern audio-visual equipment the policies or codes of
• Motorized drop-down screen and ceiling mounted conduct. Policies should
LCD projector also address and describe
• Adjustable lighting system
PROFESSIONAL • DVD, VHS. CD capabilities the limitations for use
,
of social media for both
• Lapel microphones
AND FLEXIBLE • Washable white-boards and writing tools personal and professional
BUSINESS PERFECT FOR: accounts.
• Training and professional development programs
SPACE • Examinations, mediations and arbitrations ILCO wishes to thank
Meaghan S. Hughes
• “Lunch and Learns”
CONVENIENT LOCATION AND CLOSE TO UNION STATION
20 Adelaide St. East, Suite 502, Toronto, Ontario M5C 2T6 • Breakfast meetings of Cox & Palmer for
• Board meetings
For details regarding availability and pricing contact 416-214-6252 permitting ILCO to
For details regarding availability and pricing contact 416-214-6252
• Annual General Meetings reprint the article
published June 8, 2015.
12 LAW CLERK’S REVIEW, AUGUST 2015 Law Clerks’ Review, May 2011 • 13
Meaghan S. Hughes
Cox and Palmer
Off-duty conduct of employees appropriate form of discipline, the
was subsequently uploaded to You Tube.
has been a hot topic in the news The video shows the grievor insisting the arbitrator considered the fact that
recently. In the age of round-the- male student apologize to her daughter, the grievor had identified herself
as a TDSB employee and directed
clock social media, inappropriate yelling inappropriate comments and
employee conduct can have far- obscenities at him, and telling him she vulgar and profane language at a
reaching effects on an employer’s works for the TDSB and can find out TDSB student on TDSB property.
brand and reputation. Employers anything she wants to find out about him. Clearly, the grievor’s conduct was
often face significant public pressure
substantially connected to her
Education Review em
to terminate an employee based on The employer dismissed the grievor ployment and impacted the
TDS
off-duty conduct, but concerns arise
on the basis that she had breached B’s reputation for those who saw
when terminations are unwarranted its employment policies, one of
or heard about the incident.
which specifically provided that it is
and may result in grievances
unacceptable for an employee to insult, Lessons for Employers:
(in unionized environments) or
CLE: E-Discovery, A Proactive Approach CLE: Understanding Proportionality
wrongful termination lawsuits (in degrade or direct demeaning comments
The test for determining whether
On Monday, February 28, the GTA division of ILCO’s Continuing On Monday, April 4, the GTA division of ILCO’s Continuing
to a child. The union grieved the
non-unionized environments).
Legal Education Committee was pleased to welcome Pamela Legal Education Committee was pleased to welcome Wendy
termination is justified varies slightly
Cole of LexisNexis Canada and Crystal O’Donnell of Potter
Fontaine-Peters of Micrapol Associates Ltd. Ms. Fontaine- dismissal, arguing that the altercation
depending on whether or not the
The recent case of Union of Public occurred when the grievor was off duty
Peters presented “E-Discovery, A Proactive Approach”. We were Farrelly & Associates. Ms. Cole and Ms. O’Donnell presented
workplace is unionized; however,
Employees, Local 4400 v. Toronto and that the employer has no jurisdiction
fortunate to have such an engaging and knowledgeable speaker. “Understanding Proportionality”. We were very fortunate to
the overall factors to be considered
Ms. Fontaine-Peters provided participants with practical have these two conversant and engaging speakers.
School
District
Board 2015 or authority over what employees do in
,
information respecting electronic discovery. Her presentation Ms. Cole and Ms. O’Donnell provided participants with an
are similar. Generally, employers
CarswellOnt 6561 provides an
comprehensively covered effective methods for the their private lives.
must show a link between the off-
example of off-duty conduct which
implementation of e-discovery strategies, including the right overview of timely information in respect of the new Rule
governing proportionality within the discovery process. This
duty conduct and the workplace. For
questions to ask during examinations or client interviews, The onus was on the employer to
resulted in dismissal.
how to prepare targeted requests for emails, metadata and dynamic and interactive program provided participants with
example, that the off-duty conduct
advice, tips and strategies for understanding the practical
electronically stored information, and how to conserve demonstrate that discipline for off-duty
has significantly affected employer’s
In September 2012, the greivor
application of the proportionality Rule, what evidence is
resources when preserving documents in connection with conduct was warranted. On the facts
ability to manage the operation or
attended a Toronto District School of the case, the arbitrator accepted the
litigation. required, and what the courts will expect when proportionality
is in issue.
workforce, or that it has harmed the
Board (TBSB) school – off duty - to employer’s position that the grievor’s
general reputation of the business.
The materials from this program are available for purchase The materials from this program are available for purchase
pick up her 13 year-old daughter. conduct clearly harmed the TDSB’s
($35.00 for ILCO members; $50.00 for non-members). Please ($35.00 for ILCO members; $50.00 for non-members). Please
When she arrived, the grievor thought
reputation and as such discipline was
contact Leslie-Ann Reynolds at the ILCO head office for details contact Leslie-Ann Reynolds at the ILCO head office for details
(Millhaven Fibres Ltd.
that a 14 year-old male student ropriate
(leslie_reynolds@ilco.on.ca). app (leslie_reynolds@ilco.on.ca). In an effort to prevent such
Millhaven Works, and Oil, Chemical and
had been bullying her daughter. situations, expectations for off-duty
conduct should be clearly set out
Congratulations to Cathy Stallone of Cassels Brock & Blackwell Congratulations to Stacey Leadbetter of Gowling Lafleur
An altercation ensued, which was Atomic Workers Int’l Union, Local9-670
LLP who won the great door prize. Henderson LLP who won the great door prize.
recorded by student bystanders and (1967)). As to whether dismissal was the in employment policies, along with
consequences for conduct
The Institute of Law Clerks of Ontario (ILCO) that is potentially damaging
The Institute of Law Clerks of Ontario (ILCO)
can accommodate business meetings for large or to the employer’s brand
Education Centre can accomodate business
small groups
meetings for large or small groups and reputation. Employers
WE OFFER: should incorporate such
ILCO’s Education Centre • Location – in the heart of the financial district of policies into employment
room is for Rent! Toronto agreements, or have the
is for Rent!
• Bright and spacious room – various seating plans
available including a classroom setting employee sign off on
• Modern audio-visual equipment the policies or codes of
• Motorized drop-down screen and ceiling mounted conduct. Policies should
LCD projector also address and describe
• Adjustable lighting system
PROFESSIONAL • DVD, VHS. CD capabilities the limitations for use
,
of social media for both
• Lapel microphones
AND FLEXIBLE • Washable white-boards and writing tools personal and professional
BUSINESS PERFECT FOR: accounts.
• Training and professional development programs
SPACE • Examinations, mediations and arbitrations ILCO wishes to thank
Meaghan S. Hughes
• “Lunch and Learns”
CONVENIENT LOCATION AND CLOSE TO UNION STATION
20 Adelaide St. East, Suite 502, Toronto, Ontario M5C 2T6 • Breakfast meetings of Cox & Palmer for
• Board meetings
For details regarding availability and pricing contact 416-214-6252 permitting ILCO to
For details regarding availability and pricing contact 416-214-6252
• Annual General Meetings reprint the article
published June 8, 2015.
12 LAW CLERK’S REVIEW, AUGUST 2015 Law Clerks’ Review, May 2011 • 13
