Flash Training 2010
Administrative Dismissal and Incompetence
March 18, 2010
Fasken Martineau Conference Center
800 Square Victoria, 37th Floor
Montréal, QC, Canada
Event participants:
Jean-François Cloutier, Dominique L. L'Heureux
Available by webcast :http://events.pqm.net/dialogueconferencing/fasken/20100318/
In today's economic context, businesses must increasingly rely on skilled and capable employees. Dismissing an employee for incompetence poses particular challenges to unionized and non-unionized businesses considering such a measure.
Our overview will cover the applicable rules in light of recent case law:
• Disciplinary or administrative dismissals;
• Steps preceding dismissal: identifying the employer's expectations, informing employees of their shortcomings, roviding employer support, setting a reasonable timeframe for correcting those shortcomings and giving warning that dismissal is possibility if there is no improvement;
• Analysis of how these legal principles have been applied by grievances arbitrators, the members of the Commission des relations du travail (Québec's Labour Board) and the superior courts;
• Management tips and food for thought.
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