Termination for Incompetence: To Reassign or Not to Reassign, That Is the Question

The Court of Appeal’s 2019 decision in Kativik, introduced a new consideration in the test for determining whether a dismissal for incompetence is fair. In certain circumstances, employers might have to consider reassigning a non-performing employee to another position.

On October 29, the Fasken Institute will offer 100% virtual training exploring the impact of this decision on human resource management and strategy. Our labour lawyers will guide you through the criteria established by Kativik and Costco and will provide you with practical ways to manage these situations diligently and effectively.

Topics covered:

• Kativik and its impact on HR management
• Possibility of reassigning a non-performing employee to another position
• Five criteria from the Costco decision
• Interpretation and application of the Kativik criterion by labour tribunals
• Practical strategies for managing dismissal for incompetence

Agenda

• 8:30 to 10:00 a.m. – Presentation followed by a question period

Cost

This training is offered courtesy of Fasken.