tboy said:
I am 99% sure that unauthorized use of company equipment (in this case a pc) is a firing offence and is recognized by the Ministry of Labour. You just have to give him 2 "official" warnings before you can fire them and make sure you write that letter and put it in their file with specific dates and times when the offence occured......
This is all wrong (or rather, inaccurate).
Unauthorized use of company equipment
may be just cause for dismissal. Emphasis on the
may. For surfing the internet, good luck with that (unless it's kiddie porn or bestiality or something of that nature/degree).
The Ministry of Labour has nothing to do with it.
Just cause is what you need to terminate an employment relationship without having to give notice (or pay in lieu of notice) and/or severance pay. Just cause has developed out of common law and is based on judicial and quasi-judicial precedent. It's common knowledge that employees can use the internet for a "reasonable" period of personal use during work hours. What is reasonable is entirely dependent on the circumstances. But I'm assuming from the limited info provided that the employee was using the internet for an unreasonable amount of time.
Progressive discipline has also developed out of common law. There is no standard rule of thumb, other than that employees should be properly informed of their duties & responsibilities, trained accordingly, and be promptly notified of inappropriate conduct. They should then be given a chance to rectify/improve their behaviour. If that does not occur, additional discipline may result up to and including termination. How quickly you pull the trigger is entirely dependent on the circumstances.
Now this part is important because the vast majority of people get it wrong...
In a non-unionized environment you can terminate the employment relationship any time you want. You can wake up one morning, feel like firing somebody, and do it. The only issue is period of notice (or pay in lieu of notice) and/or severance pay entitlements. If you terminate based on one of the (specified) prohibited discriminatory grounds (sex, race, religion, disability, etc.), you're looking at a Human Rights complaint and potentially thousands of dollars in damages (not to mention years of litigation, mostly on your dime). There is no entitlement to a job under Canadian law. It's just like quitting, there's nothing that prevents you from up and quitting at any given time (unless you've signed a contract saying otherwise). Same thing for being terminated (with notice and/or severance). In a unionized setting, it's a whole different ball game.