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An Ontario court held in Christmas v Fort McKay First Nation, 2014 ONSC 373 that it had no jurisdiction over a wrongful dismissal claim.

It has not always been clear that a release prevents an employee from bringing an unjust dismissal complaint under the Canada Labour Code.

On May 29, 2020, the Ontario government introduced Ontario Regulation 228/20 that amends the Ontario Employment Standards Act, 2000 and provides some welcome news to employers impacted...

Recent, important amendments to the Canada Labour Code (the "Code") brought about by Bill C-44 have been overshadowed by the dramatic changes to provincial labour and employment laws earlier this year.

In Davidoff v Sobeys Ontario, 2019 ONCA 684, the Court of Appeal for Ontario considered the formal requirements that must be in a Notice of Action...

A recent decision of the Ontario Superior Court of Justice has reinforced an employer's ability to re-organize work flow and adjust employee responsibilities.

Last year, we discussed a case which held that preventing an employee from working during a purported "working notice" period can constitute constructive dismissal.

The BC Supreme Court recently affirmed the high threshold required of employers when purporting to dismiss an employee for just cause. In Chu v China Southern Airlines Company...

In Aldergrove Duty Free Shop Ltd. v. MacCallum, the British Columbia Court of Appeal ("BCCA") dismissed an appeal of the trial judge's decision that found the defence of frustration...

In Reotech Construction Ltd. v Snider, 2022 BCSC 317 (Reotech), the Supreme Court of British Columbia found that the trial court erred when it did not...

Prior to the two Court of Appeal decisions, case law across the country was divided on this issue. This meant that Alberta employers litigating the amount of reasonable notice...

At CCP, we are big believers in the value of a well-written employment agreement to reduce liability at the point of a dismissal on a non-cause basis.

The Ontario Superior Court recently released an endorsement in Taylor v. Hanley Hospitality, 2021 ONSC 3135, which dealt with O. Reg. 228/20 Infectious Disease Emergency Leave ("IDEL").

Last week Mike MacLellan blogged on a case where a unionized employee was terminated for sexually harassing another employee. This week we're reviewing a termination case that involved

Just cause is a difficult standard for employers to meet. In most cases, employees who are terminated from employment will be entitled to notice or pay in lieu of notice.

The decision to take a wrongful dismissal matter to trial is one that employers should not make lightly. That goes doubly for pursuing an appeal, since the threshold for overturning decisions of the lower courts is usually a significant one.

The decision provides a useful precedent for employers seeking to rely on repeated incidents of misconduct or poor performance to establish just cause for an employee’s dismissal.