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  • Article

    Termination For Failure To Follow COVID-19 Policy Not Discriminatory

    Ontario's Divisional Court has dismissed an application for judicial review by a former personal support worker who alleged that the termination of his employment was discrimination...
    CanadaCoronavirus (COVID-19)
    Cassels
    Cassels
  • Article

    A "Truly Exceptional" Wrongful Dismissal

    In a recent blog, we wrote about Milwid v. IBM Canada Ltd., 2023 ONSC 490 (CanLII), where the Superior Court of Justice...
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
Article

A Win For Employers: Court Finds Termination Clause Enforceable

On October 7, 2024, the Ontario Superior Court of Justice in the case of Bertsch v. DatastealthInc., 2024 ONSC 5593, upheld the enforceability of a termination clause in an employment agreement...
CanadaEmployment and HR
Fogler, Rubinoff LLP
Fogler, Rubinoff LLP
  • Article

    Alberta Dropping COVID-19 Restrictions – Considerations For Employers

    The Government of Alberta recently announced a staged plan to loosen public health restrictions that were implemented in an effort to curb the spread of COVID-19.
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    Are Summary Judgment Applications Appropriate For Determining Reasonable Notice Periods In Alberta?

    According to one master of the Court of Queen's Bench of Alberta, the answer to that question is NO.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Availability Of Similar Employment In Determining Reasonable Notice

    What role does availability of similar employment play in determining reasonable notice? This was one of the issues at stake in the recent case of Strik v EXP Services Inc.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    BC Court Decides CERB Payments Should Count Against Damages For Wrongful Dismissal

    Recently in Reotech Construction Ltd. v. Snider, 2022 BCSC 317 the BC Supreme Court determined that CERB payments should be deducted from an ex-employee's damage award for wrongful dismissal.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    BC Ferries Steward Claims Wrongful Termination

    Being dismissed from a job is usually a difficult pill to swallow, but summary dismissal from a position of tenure can be personally and financially devastating.
    CanadaEmployment and HR
    Overholt Law
    Overholt Law
  • Article

    Be Careful What You Wish For: Ontario Court Holds That An Employee Cannot Rescind A Clear And Voluntary Notice Of Resignation

    In English v Manulife Financial Corporation, the Ontario Superior Court of Justice considered whether an employee who has voluntarily resigned may later rescind her notice of resignation or retirement.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Boneheaded Facebook Post Strikes Again! Arbitrator Refuses To Reinstate Unjustly Dismissed Union Member

    Our readers probably already know that when a unionized employee is unjustly discharged from their employment, the presumptive remedy from an arbitrator is reinstatement to employment.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Call It What You Want, It's Still Constructive Dismissal

    In Shirbigi v. JM Food Services Ltd. (2014 BCSC 1927), the B.C. Supreme Court found that an employer could not mask the fact that it had constructively dismissed the plaintiff simply by relocating her place of work.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Can't Afford To Keep Them, Can't Afford To Fire Them: Poor Finances Do Not Reduce Termination Obligations

    Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Can An Employment Agreement Executed After The Employee Starts Work Be Enforced? The Ontario Court Of Appeal Says Yes.

    Julia Wood received an offer for employment from Fred Deeley Imports ("Deeley") on April 17, 2007. Wood accepted the offer during the phone call, and later received an email from Deeley which outlined...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Can Employees Be Fired For Bad Behaviour Outside Of The Workplace?

    With the advent of social media, employees need to consider the professional ramifications of behaviour outside of work.
    CanadaEmployment and HR
    Ridout Barron
    Ridout Barron
  • Article

    Canada Might Be Heading Towards A Recession: Issues Employers Should Keep In Mind

    With many, including former Bank of Canada Governor Mark Carney, predicting that Canada will enter into a recession in early 2023 there are several important factors employers should keep in mind.
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    Case Brief: On Dismissal Of A Drug User With An Unacknowledged Dependency

    In 2012, we referenced a case in which a complainant, terminated for breach of his employer’s drug and alcohol policy, failed to establish that the termination was discriminatory.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Duty To Accommodate

    The employer was held liable for compensation of $35,000 for the employee’s intangible loss and was directed to hire a professional to draft an accommodation policy.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: On Playing Baseball While On Sick Leave

    In Telus Communications Inc. v. Telecommunications Workers’ Union, the court upheld the termination of a grievor.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Complainant Allowed To Participate In Wrongful Dismissal Claim Of Her Alleged Harasser

    In an unusual decision, the Ontario Superior Court has allowed a complainant in a workplace sexual harassment investigation to participate in the wrongful dismissal trial of her alleged harasser.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Completing Records Of Employment For Vaccination Policy Terminations

    Employment and Social Development Canada (ESDC), the Federal Government ministry responsible for administering Employment Insurance (EI), has recently amended its guidance to employers completing...
    CanadaEmployment and HR
    MLT Aikins LLP
    MLT Aikins LLP
  • Showing 201–220 of 2191 results

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