Dishonesty and breaches of trust are among the most serious types of workplace misconduct, often justifying disciplinary action. But when does dishonesty rise to the level of justifying termination? In this session, practitioners will examine the factors that arbitrators and courts consider when deciding whether dishonest behaviour warrants termination. Specifically, panelists will address:
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- What approach do Canadian courts and labour arbitrators take when considering whether or not to uphold a discharge for dishonest conduct? When is “automatic discharge” warranted?
- What guidance do labour arbitrators provide about the relevance of mitigating and aggravating factors in cases of dishonesty and breach of trust? What is the impact of the Supreme Court’s McKinley decision in which the Court held that discipline must be proportional to the particular form of dishonesty involved?
- What evidence is required to establish that an employee has engaged in dishonest behaviour? What responsibility does the grievor have to provide an exculpatory explanation? What is the “duty to explain” and how does it interact with the burden of proof in dishonesty cases?
- How will arbitrators view the dishonest recording of attendance or the dishonest use of sick time?
- How do arbitrators view misuse of worktime? When does it rise to the level of time theft? Are some kinds of misuse of worktime more serious than others?
- Will off-duty dishonest conduct that is criminal in nature justify discharge? If it is unrelated to the employee’s job?
- Where dishonesty is causally related to an employee’s disability, must the employer accommodate the employee rather than dismissing the employee?
Moderator
Speakers
Accreditation
This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.
This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.
This program has been approved for Continuing Professional Development 1.5 hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).
- This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
- Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.
- Members of the Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
- Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.