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Document(s) published by this organization: 41
Show: results per page Sort by:  | Nova Scotia New Tort of Cyberbullying
Stewart McKelvey;
Legal Alert/Article May 22, 2013, previously published on May 17, 2013 On May 10, 2013 the Nova Scotia legislature passed the Cyber-safety Act (Bill 61). When this bill comes into force, it will give rise to a new tort of cyberbullying that creates liability for the tortfeasor and potentially for his or her parent(s) if the tortfeasor is under the age of 19.
| | Lender Code of Conduct Prepayment of Consumer Mortgages
Stewart McKelvey;
Legal Alert/Article May 8, 2013, previously published on May 2, 2013 In the Economic Action Plan 2010, the Harper Government committed to bring greater clarity to how mortgage prepayment penalties were calculated. As part of the commitment, on February 26, 2013 the government released a voluntary code of conduct to ensure that federally regulated financial...
| | Liar, Liar: Dealing With Dishonest Employees
Stewart McKelvey;
Legal Alert/Article March 8, 2013, previously published on Winter 2013 Clarence Darrow is an unlikely inspiration for an employer-focused article about dishonest employees. However, Darrow captures a key truth about the employment relationship: the difference between honest and dishonest behaviour in the workplace isn't easily discernible and can seriously impact your...
| | Terms of "Endearment": Sexual Harassment as Just Cause for Dismissal - Sexual Harassment in the Courts
Stewart McKelvey;
Legal Alert/Article March 8, 2013, previously published on Winter 2013 Sexual harassment is prohibited under all human rights legislation in Canada and employers have a duty to protect employees against sexual harassment in the workplace. This may, in certain circumstances, require dismissing an offending employee. Failing to protect an employee against sexual...
| | Just Cause, Duty of Fidelity and Breach of Trust
Stewart McKelvey;
Legal Alert/Article March 8, 2013, previously published on Winter 2013 Every employee, at every level, owes a duty of fidelity to their employer. Although the extent of this duty depends on the particular circumstances of the employment relationship, all employees have a duty to act in a manner consistent with the employer's interests (i.e. duty of loyalty). Where the...
| | It's All in the Attitude: Insolence & Insubordination
Stewart McKelvey;
Legal Alert/Article March 8, 2013, previously published on Winter 2013 One of the most challenging issues in the workplace is dealing with bad attitude and employees refusing to perform the work for which they were hired. Disruptive behaviour can take on many forms: outright refusal to carry out work, manifest non-performance, inappropriate comments, persistent...
| | Dumb and Dumber: Get Smart about Serious Incompetence
Stewart McKelvey;
Legal Alert/Article March 8, 2013, previously published on Winter 2013 Every employer has a movie or two in the making based on the outrageous tales of its most incompetent employees.
| | Reasonable People Doing Questionable Things: Conflicts of Interest and Just Cause
Stewart McKelvey;
Legal Alert/Article March 8, 2013, previously published on Winter 2013 Can a unionized employee moonlight in his off hours to earn some extra money by doing the same work he does for his daytime employer at cut rates? Can a high level executive take kickbacks for directing contract work to a friend? In both unionized and non-unionized environments, an employee who...
| | Catch Me If You Can: Dealing with Fraudulent Misrepresentation of Qualifications or Credentials in the Workplace
Stewart McKelvey;
Legal Alert/Article March 8, 2013, previously published on Winter 2013 It happens often. A potential candidate arrives at a job interview with a stellar curriculum vitae. She shares with you that she's got a stable and secure job but might be interested in contributing to the success of your organization. Without hesitation or question, you decide that this is the...
| | Whoever Said Absence Makes the Heart Grow Fonder? Things to Consider About Innocent Absenteeism before Termination
Stewart McKelvey;
Legal Alert/Article March 8, 2013, previously published on Winter 2013 One of the most frustrating, costly and challenging issues facing employers is chronic absence of employees. Culpable absenteeism, or absenteeism within the employee's control, may very well constitute cause for dismissal, but this article focuses on termination of employees for innocent...
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