Friday, December 10, 2010

Facebook comments can get you fired!

B.C. labour board backs 2 firings over Facebook comments.

Add Canada to the list of places where Facebook can be hazardous to your employment status.

Two workers at a B.C. car dealership were sacked for what they wrote about their employer and their managers on Facebook. And the B.C. Labour Relations Board has upheld their dismissal.

The incident, which occurred in Pitt Meadows just east of Vancouver, is believed to be the first such case in Canada.

“It’s the first Facebook case that has made it to hearing,” said Donald Richards, the lawyer who handled it for the employer, but he added there are likely plenty more to come.

Read more at the Toronto Star

Employee wins constructive dismissal suit without leaving his job

Court rules employee can mitigate constructive dismissal damages by continuing to work as long as it’s clear the employee does not consent to the changes.

An Ontario employee has been awarded almost two years’ pay at his old salary in lieu of notice for constructive dismissal, despite the fact he continued to work uninterrupted for the employer in his regular position after a significant pay cut.

Read more at Canadian Employment Law Today

Changes to the Employment Standards Claim process will impact workers

The Ministry of Labour will be introducing changes to the Employment Standards claims process on January 19, 2011. The Government is increasing the steps that workers must take before they can even file a claim.

The changes to the claims process put into effect the Government's Open for Business Act that passed October 21, 2010.

When considering whether to file a claim before or after January 19, 2011, you should consider that:

1) The new claims process will require workers to contact their employer to seek wages and entitlements owed under the Employment Standards Act before they will be allowed to file a claim at the Ministry of Labour. There will be some exceptions to this requirement. Workers will be required to report on the steps they have taken to enforce their rights with the employer on their claim form.

2) Workers will be required to provide, in writing, specified information and evidence for their complaint before the claim will be accepted for investigation.
Complaints for unpaid wages and employment standards rights will not proceed unless these steps are taken (with some exceptions). Claims that don't meet these requirements will be deemed withdrawn after 6 months.

Tuesday, December 7, 2010

Ex-Nortel workers: Cutting off the disabled

Any bankruptcy is painful. Workers lose their jobs and creditors can lose their shirts — but there is usually a chance to bounce back.

Not so for Nortel employees who were on long-term disability payments at the time their employer went bankrupt nearly two years ago. They can’t start over. Yet their disability payments will be cut off at the end of this month, after the Conservatives used their new majority in the Senate to defeat efforts to keep them above water.

Read the full story on the Toronto Star.