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CHAUDHRI: Alleging cause requires hard evidence
CHAUDHRI: Alleging cause requires hard evidence

Toronto Sun

time7 days ago

  • Business
  • Toronto Sun

CHAUDHRI: Alleging cause requires hard evidence

A termination for cause is not a slap on the wrist. It is the pinnacle of punishment for an employee. And because it is rarely carried out appropriately, when cause cases turn up in courts, many of us in the employment bar take notice, writes Sunira Chaudhri. Photo by iStock / GETTY IMAGES A termination for cause is not a slap on the wrist. It is the pinnacle of punishment for an employee. And because it is rarely carried out appropriately, when cause cases turn up in courts, many of us in the employment bar take notice. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account A termination for cause usually happens when an employer is fed up after ongoing performance issues, major lapses in judgment or serious misconduct. The misconduct must be willful and not trivial. It is the most severe penalty an employee can receive. Most often, perks and pay seize the day a termination for cause takes place. Even if misconduct rises to the legal threshold of cause, it must be well documented and well supported by evidence. An employer needs receipts. And today I tell you a story of an employer that had the bones of a good cause case but did not have the evidence to back it up. An equipment company that I will refer to as 'Tractor' terminated an employee who I will call 'Shawn.' Tractor terminated him after various incidents including crashing the company truck, members of the public complaining about his driving and an incident where Shawn injured himself at least once. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Even the trial judge noted that Shawn 'never made it easy for himself.' Ultimately, Tractor terminated Shawn for cause in September, 2021 after it received a customer complaint about Shawn's alleged unprofessionalism including pressuring said customer to initial a sales agreement and that Shawn tried to call the customer eight times that day to close the sale. Shawn had 18 years of service when he was fired. At trial earlier this year, Justice Akazaki heard evidence from the manager who spoke to the disgruntled customer. But, the disgruntled customer was never called as a witness. While the judge accepted the manager's evidence that the customer complained, the judge could not go so far to accept that the complaint itself was objective or reasonable. After all, customer complaints are not made under oath and could be inaccurate, unfair or embellished. This advertisement has not loaded yet, but your article continues below. Because the customer was not called as a witness, the nature of the complaint, as the manager relayed it to the court, was hearsay. The fact a customer complaint happened, with nothing more, did not meet the threshold of cause. The court found no cause and awarded Shawn 17 months of pay in reasonable notice. Notably, even though there was evidence that Shawn accepted a lower paying driving job after termination, the court did not deduct that income from his damages award. Read More There are a few practical takeaways from this case. The first is that cause is complicated. This employer had a problematic employee that the court readily acknowledged. But even a consistently reckless, unprofessional and under performing employee may not have breached his duties to an employer in a legal sense. This advertisement has not loaded yet, but your article continues below. Further to that, evidence is technical. Second hand accounts of poor behavior will not pass muster in a court of law. If the best evidence (like a witness) is missing, a court will not overlook the glaring omission. Most lawyers would not be surprised that this termination for cause was not upheld by the court. A punishment so severe was simply disproportionate in light of the evidence at hand. Have a workplace question? Email me at sunira@ and your question may be featured in a future column. The content of this article is general information only and is not legal advice. RECOMMENDED VIDEO Toronto & GTA Toronto & GTA Sunshine Girls Columnists Sunshine Girls

New Bacteria Have Been Discovered on a Chinese Space Station
New Bacteria Have Been Discovered on a Chinese Space Station

WIRED

time21-05-2025

  • Science
  • WIRED

New Bacteria Have Been Discovered on a Chinese Space Station

May 21, 2025 6:49 AM On Earth there is no record of Niallia tiangongensis , a bacterium found aboard the Tiangong station that appears to be well adapted to conditions there. An illustration of bacteria. Photograph: GETTY IMAGES It is microscopic and rod-shaped, can create spores, and may have evolved to survive hundreds of miles above our planet's surface. This bacterium, never before seen on Earth, was detected on China's Tiangong space station. It has been named Niallia tiangongensis , and it inhabited the cockpit controls on the station, living in microgravity conditions. According to China Central Television, the country's national broadcaster, taikonauts (Chinese astronauts) collected swab samples from the space station in May 2023, which were then frozen and sent back to Earth for study. The aim of this work was to investigate the behavior of microorganisms, gathered from a completely sealed environment with a human crew, during space travel, as part of the China Space Station Habitation Area Microbiome Program (CHAMP). A paper published in the Journal of Systematic and Evolutionary Microbiology describes how analysis of samples from the space station revealed this previously unseen bacterial species, which belongs to the genus Niallia . Genomic sequencing showed that its closest terrestrial relative is the bacterium Niallia circulans , although the Tiangong species has substantial genetic differences. Niallia tiangongensis exhibits structural and functional variations that mean it is well-adapted to existing in a space station. It possesses the ability to hydrolyze gelatin (break down this protein into smaller components) in a unique way, allowing the protein to be consumed for survival in nutrient-poor environments. In addition, these bacteria are able to form a protective biofilm, activate oxidative stress responses, and promote repair in the face of radiation damage. 'This aids their survival in the space environment,' the paper explains. Bacteria of the genus Niallia are characterized by their rod-like shape, a thick cell wall, absence of an outer membrane, and their ability to form endospores that ensure their survival in adverse conditions. Niallia circulans , for example, encapsulates its genetic material in a highly protected cell, which remains inactive until the environment becomes favorable again. It is unclear whether the newly discovered microbe evolved on the space station or whether it is part of the vast sea of as yet unidentified microorganisms on Earth. To date, tens of thousands of bacterial species have been cataloged, although there are estimated to be billions more unclassified species on Earth. The discovery of Niallia tiangongensis will provide a better understanding of the microscopic hazards that the next generation of space travelers will face and help design sanitation protocols for extended missions. It is still too early to determine whether the space bacterium poses any danger to taikonauts aboard Tiangong, although it is known that its terrestrial relative, Niallia circulans , can cause sepsis, especially in immunocompromised people. This story originally appeared on WIRED en Español and has been translated from Spanish.

Olympians winners in awards
Olympians winners in awards

Otago Daily Times

time16-05-2025

  • Sport
  • Otago Daily Times

Olympians winners in awards

Finn Butcher. PHOTO: GETTY IMAGES Zoi Sadowski-Synnott. PHOTO: SNOW SPORTS NZ Otago's Olympians won the top prizes at the Central Otago Sports Awards earlier this month. Kayak-cross Olympic gold medal winner Finn Butcher was named sportsman of the year and Olympic snowboarder Zoi Sadowski-Synnott was named sportswoman of the year. Other winners included Wanaka's Luke Harrold, who scooped the junior sportsman of the year award for his efforts on the freeski halfpipe. Alpine skier Adam Hall was named para athlete of the year and Te Kura o Tititea Mount Aspiring College senior student Ryan Enoka (athletics, karate and rugby) won the junior spirit of Central Otago award. The annual awards, hosted by Sport Central, brought together 200 people from the region's sporting whānau to celebrate sporting excellence as well as the spirit, passion and people who make Central Otago a powerhouse of sporting talent, Sport Central sport and active recreation adviser Jo Knight said. "The judges had an incredibly tough job this year, which reflects the calibre of talent in Central Otago. ' "The finalists seem to raise the bar every year." "All categories were hotly contested, with so many national and international champions and multiple athletes breaking local, international and world records." Ms Knight said Sport Central extended congratulations to award winners, nominees, and those who gave their time, energy, and passion to sport in Central Otago. — APL

FUN DOWN UNDER: Autralian men spending more on sex toys
FUN DOWN UNDER: Autralian men spending more on sex toys

Toronto Sun

time11-05-2025

  • Entertainment
  • Toronto Sun

FUN DOWN UNDER: Autralian men spending more on sex toys

When it comes to sex toys, men are playing more than women in at least one country. Photo by iStock / GETTY IMAGES Reviews and recommendations are unbiased and products are independently selected. Postmedia may earn an affiliate commission from purchases made through links on this page. When it comes to sex toys, men are playing more than women — at least in one country. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account A new trend has been revealed in Australia: Men are outspending women when it comes to adult toys, according to Adult Toy Mega Store, one of the country's largest online retailers of sex toys and sexual health essentials, the New York Post reported. Queensland is the only state in the country that women continue to spend more, the report said. New spending data from the retailer also revealed that men now buy items that are traditionally marketed towards women. Men in South Australia are heading to the adult retailer most frequently, spending 62% more than women, while Queensland men are at the other end of it, spending 2% less than their female counterparts. In Western Australia, men are outspending women by 58%, while men in New South Wales buy 18% more and Victoria men outspend women by 6%. The age group that is spending the most is 25 to 34 year olds, followed by 18 to 24 year olds. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. The brand is seeing a 'significant shift,' said Emma Hewitt-Johnson, Adult Toy Mega Store's certified sex educator. 'This isn't just about solo pleasure anymore. It's about enhancing connection. These purchases are an investment in their partner's satisfaction — and by extension, the relationship,' she told 'In the past, men have not embraced adult toys in the same way as women, potentially seeing them as a threat to their sexuality or their own sexual prowess in the bedroom.' 'In reality, sex toys are a companion, not a competitor. It's great to see Australian men embracing this.' Bumble's resident sexologist, Chantelle Otten, told that the data wasn't 'all that surprising' as Australia's understanding of sex and intimacy has been expanding. 'Podcasts and social media have played a big role in normalizing conversations around sex toys,' Otten said. This advertisement has not loaded yet, but your article continues below. 'We've also seen more public figures and creators partnering with sexual wellness brands, which has helped bring these products into everyday conversation. It's created a safer space for Australians to get curious and feel more comfortable exploring their sexuality. 'Sex toys can be a tool for discovering your desires, exploring kinks, or simply enhancing solo or partner play. In my clinic, I often recommend them as part of self-exploration.' Recommended video As women were more comfortable with talking about adult toys with friends, she said these chats expanded to include their partners, leading the way to men buying toys that were female-centric. 'There's still some lingering stigma around men buying toys for solo use, which may hold some back. But toys that enhance partnered experiences feel more purposeful – there's a sense of permission that aligns with wanting to connect, please, and co-create pleasure,' she said. 'Importantly, many penis owners are no longer seeing toys as a replacement or a threat. Instead, they see them as a tool to increase intimacy and pleasure. This shift is driven by better access to information, less stigma, and a broader understanding that exploring pleasure can be a shared and fun experience.' Introducing these items into the bedroom doesn't have to be a big deal, Otten said. Read More Sports Sunshine Girls World Toronto Maple Leafs Relationships

2025 ACM Awards: Lainey Wilson, Kelsea Ballerini, Nicole Kidman and more stars
2025 ACM Awards: Lainey Wilson, Kelsea Ballerini, Nicole Kidman and more stars

Hindustan Times

time09-05-2025

  • Entertainment
  • Hindustan Times

2025 ACM Awards: Lainey Wilson, Kelsea Ballerini, Nicole Kidman and more stars

2025 ACM Awards: Lainey Wilson, Kelsea Ballerini, Nicole Kidman and more stars | Photos Lainey Wilson and Ella Langley won big at the 2025 Academy of Country Music Awards. See Photos ...read more 1 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 8: EDITORIAL USE ONLY. Lainey Wilson, winner of the Entertainer of the Year award, poses during the 60th Academy of Country Music Awards at The Ford Center at The Star on May 8, 2025 in Frisco, Texas./AFP (Photo by Omar Vega / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 2 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 08: EDITORIAL USE ONLY. (L-R) Chase Stokes and Kelsea Ballerini attend the 60th Academy of Country Music Awards at Omni Frisco Hotel at The Star on May 08, 2025 in Frisco, Texas./AFP (Photo by Jason Kempin / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 3 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 08: EDITORIAL USE ONLY. Carly Pearce attends the 60th Academy of Country Music Awards at Omni Frisco Hotel at The Star on May 08, 2025 in Frisco, Texas./AFP (Photo by Jason Kempin / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 4 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 08: EDITORIAL USE ONLY. Host Reba McEntire speaks onstage during the 60th Academy of Country Music Awards at The Ford Center at The Star on May 08, 2025 in Frisco, Texas./AFP (Photo by Jason Kempin / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 5 / 13 View Photos in a new improved layout Reba McEntire reacts during the 60th Academy of Country Music (ACM) Awards in Frisco, Texas, U.S., May 8, 2025. REUTERS/Mario Anzuoni(REUTERS) 6 / 13 View Photos in a new improved layout Nicole Kidman and Keith Urban attend the 60th Academy of Country Music (ACM) Awards in Frisco, Texas, U.S., May 8, 2025. REUTERS/Kaylee Greenlee Beal TPX IMAGES OF THE DAY(REUTERS) 7 / 13 View Photos in a new improved layout Eric Church performs during the 60th Academy of Country Music (ACM) Awards in Frisco, Texas, U.S., May 8, 2025. REUTERS/Mario Anzuoni TPX IMAGES OF THE DAY(REUTERS) 8 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 08: EDITORIAL USE ONLY. Carly Pearce attends the 60th Academy of Country Music Awards at Omni Frisco Hotel at The Star on May 08, 2025 in Frisco, Texas./AFP (Photo by Jason Kempin / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 9 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 8: EDITORIAL USE ONLY. Ella Langley, winner of the Single of The Year Award, poses in the press room during the 60th Academy of Country Music Awards at The Ford Center at The Star on May 8, 2025 in Frisco, Texas./AFP (Photo by Omar Vega / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 10 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 08: EDITORIAL USE ONLY. Jelly Roll attends the 60th Academy of Country Music Awards at Omni Frisco Hotel at The Star on May 08, 2025 in Frisco, Texas./AFP (Photo by Jason Kempin / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 11 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 08: EDITORIAL USE ONLY. (L-R) Chase Stokes and Kelsea Ballerini attend the 60th Academy of Country Music Awards at Omni Frisco Hotel at The Star on May 08, 2025 in Frisco, Texas./AFP (Photo by Jason Kempin / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 12 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 08: EDITORIAL USE ONLY. (L-R) Phillip Sweet, Kimberly Schlapman, Karen Fairchild, and Jimi Westbrook of Little Big Town attend the 60th Academy of Country Music Awards at Omni Frisco Hotel at The Star on May 08, 2025 in Frisco, Texas./AFP (Photo by Jason Kempin / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP) 13 / 13 View Photos in a new improved layout FRISCO, TEXAS - MAY 08: EDITORIAL USE ONLY. Kelsea Ballerini attends the 60th Academy of Country Music Awards at Omni Frisco Hotel at The Star on May 08, 2025 in Frisco, Texas./AFP (Photo by Jason Kempin / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)(Getty Images via AFP)

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