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  • Article

    Quebec Labour Tribunal Rules On Decision To Terminate A High Paid Employee

    The Tribunal administratif du travail clarified an employer's burden of proof to demonstrate that an employee was laid off as part of an administrative reorganization...
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    "Small Claims" Get Bigger—Increases To Monetary Limit For Small Claims In Alberta Will Impact Wrongful Dismissal Litigation

    In December 2022, the Alberta legislature passed a bill allowing for an increase to the limit on civil claims in the Alberta Court of Justice (formerly, the Provincial Court of Alberta and sometimes referred...
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Still Standing: Layoff Provision Holds Up Despite Invalid Termination Clause

    In Taylor v Salytics Inc [Taylor], the Ontario Superior Court of Justice ("ONSC") confirmed that a clearly drafted layoff provision can shield an employer from a constructive dismissal claim—even when the provision is embedded in an unenforceable termination clause.
    CanadaEmployment and HR
    Williams HR Law
    Williams HR Law
  • Article

    Temporary Changes To The Work-Sharing Program In Response To U.S. Tariffs

    The Government of Canada has announced temporary changes to the Work-Sharing Program to assist workers affected by economic challenges stemming from the ongoing tariff issues with the United States.
    CanadaEmployment and HR
    Nelligan Law
    Nelligan Law
  • Article

    Update: BC Court Of Appeal Confirms CERB Payments Cannot Be Deducted From Wrongful Dismissal Damages

    In a previous blog post, we summarized Hogan v. 1187938 B.C. Ltd, 2021 BCSC 1021 (Hogan), where the British Columbia Supreme Court ("BCSC") deducted Canada Emergency Response Benefit Program...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    When An E-Mail Does Not "Find You Well": Just Cause Termination Not A Proportionate Response To Employee's Heated E-Mail

    Employers can be quick to assert that a single instance of employee misconduct is enough to discharge an employee for just cause.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Managing Workforces Amid Tariff Wars: Considerations And Strategies For Canadian Employers

    While the threat of tariffs on Canadian goods and products has been temporarily paused, the potential for a tariff war in the near future has caused considerable...
    GlobalInternational Law
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Saskatchewan Closes Or Restricts Non-Essential Businesses

    On March 25, 2020 the government of Saskatchewan announced via a news release that a new public health order would come into force in the province on March 26, 2020 (the "Order").
    CanadaCoronavirus (COVID-19)
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Bell Layoffs: Understanding Your Employment Rights

    In November 2024, Bell Canada initiated another round of layoffs, affecting employees across various departments. Reports from the Bell subreddit indicate that layoff notices...
    CanadaEmployment and HR
    Monkhouse Law
    Monkhouse Law
  • Article

    British Columbia Court Of Appeal Finds Canada Emergency Response Benefit Not Deductible From Wrongful Dismissal Damages

    On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Discrimination Found Where Lay-Off Decision Did Not Consider Disability

    The Public Service Staffing Tribunal held it was discriminatory to lay off a disabled employee after she was selected by the retention and lay-off process.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Employee Denied Damages For Failure To Return To Work When Called Back

    Earl Chevalier was employed by Active Green + Ross for 33 years and was a service centre manager for 18 of those years.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employee Rights On Redundancy – Avoiding Discrimination In Organizational Restructuring

    When job redundancies arise in an organization, employers need to remain aware of duties under human rights legislation, such as the Ontario Human Rights Code.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Employers, CERB Your Enthusiasm: British Columbia Court Of Appeal Rules CERB Is Not Deductible From Wrongful Dismissal Damages

    First Canadian Appellate Court determines that Canada Emergency Response Benefits ("CERB") payments are not deductible from wrongful dismissal damages.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Frustrated By The Pandemic? That Doesn't Mean Your Contract Is.

    Verigen v. Ensemble Travel Ltd., 2021 BCSC 1934, is the latest decision of the BC Supreme Court ("BCSC") to provide insights into the impact of COVID-19 on employment contracts and the legality of temporary layoffs.
    CanadaEmployment and HR
    Miller Titerle + Company
    Miller Titerle + Company
  • Article

    How Much Are Hurt Feelings Worth? BC Human Rights Tribunal Sets New Record High

    How much are your hurt feelings worth? For the successful complainant in Kelly v. University of British Columbia, 2013 BCHRT 302 [Kelly], the answer to this question was $75,000.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Infectious Disease Emergency Leave Is Not Common Law Constructive Dismissal

    In May 2020, Ontario Regulation 228/20 was introduced to Ontario's Employment Standards Act (ESA), exempting COVID-19-related temporary hours or wage reductions from the usual layoff and constructive dismissal provisions.
    CanadaEmployment and HR
    Torys
    Torys
  • Article

    Infectious Disease Emergency Leave Now A Defence To Common Law Constructive Dismissal Claims In Ontario

    Last month, BLG published a bulletin on possible defences available to employers against constructive dismissal claims in light of the Ontario Superior Court's decision in Coutinho v Ocular Health Centre Ltd.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Keeping The Offer On The Table Essential To Mitigation Defence

    Corporate restructuring is often accompanied by lawsuits by jilted employees claiming constructive dismissal.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Long-Awaited Relief For Federally Regulated Employers: Layoff Periods Extended Further

    To give federally regulated employers more time to recall employees due to the COVID-19 pandemic, certain layoff periods under the Canada Labour Standards Regulations have (again)...
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP

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