2,191 results found

B.C Supreme Court decision highlights that an employer's termination obligations may arise even before the employment start date.

In the recent decision, Kotecha v. Affinia Canada ULC, the Ontario Court of Appeal provided a useful reminder that trial level decisions are not binding.

An employee may be left with several questions when their job is suddenly terminated. These can be related to the employer's right to terminate their employment...

Below are the summaries for this week's civil decisions of the Court of Appeal.

In King v. 1416088 Ontario Limited, 2014 ONSC 144, an Ontario court found that a 73-year-old employee terminated after 38 years of employment was entitled to claim wrongful dismissal damages.

The BC Court of Appeal upheld the dismissal of an action brought by a senior project manager terminated without cause on 4 weeks' notice in Van den Boogaard v Vancouver Pile Driving Ltd., 2014 BCCA 168.

On March 13, 2012, the Superior Court of Quebec rejected the union’s Motion for Judicial Review following an arbitration decision which confirmed an employer’s decision to terminate an employee for having used the company’s telephone system for personal use.

In the context of workplace harassment, constructive dismissal may be found where an employer fails to provide a work environment that is civil, respectful and harassment-free.

Our employment and labour review not only provides a summary of common law cases and monthly developments from 2014, it also compiles a number of important cases and others to watch for in 2015, all of which could potentially have an impact on the management of your human resources.

The rationale for this principle is the presumption that executives and managers would have greater difficulty finding other employment than would lower level employees.

In the recent decision of Rubin v. Home Depot Canada Inc., the Ontario Superior Court of Justice held that a release signed by an employee at the time his employment was terminated was unenforceable, as the employee did not have sufficient time to review the release and seek advice.

Practical tips in drafting last chance agreements.

An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan's express terms...

When an employee is terminated from their employment, the employee has a duty to mitigate his/her damages by seeking alternative employment.

In the recent decision of Ghanny v. 498326 Ontario Limited, the Ontario Superior Court of Justice held that a former employee’s wrongful dismissal action could not succeed because he failed to mitigate his losses when he rejected another position offered to him by his employer.

On July 24, 2020, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (Bill 195) came into force and officially brought an end to the declared State of Emergency in Ontario.

Following termination of employment, employees who are seeking damages for wrongful dismissal have a duty to mitigate their losses by taking reasonable steps...