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  • Article

    One Strike And You Could Be Out: The Supreme Court Denies Leave To A Decision Upholding Termination For Cause Based On A Single Incident

    Can an employer terminate an employee with just cause for a single incident which breaches the trust fundamental to an employment relationship?
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario Court Of Appeal Affirms Only Exceptional Circumstances Will Justify Notice Period In Excess Of 24 Months

    In Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512, the employee, Michael Dawe, sued the Defendant for wrongful dismissal after he was dismissed from employment without cause at the age of 62.
    CanadaEmployment and HR
Roper Greyell LLP
Roper Greyell LLP
  • Article

    Ontario Court Of Appeal Upholds Termination Clauses

    The Ontario Court of Appeal has delivered a significant ruling on employment contract termination clauses, addressing whether language permitting termination "at any time" or "for any reason" violates employment standards legislation. This decision resolves years of conflicting interpretations and provides crucial guidance on how courts should interpret termination provisions in employment agreements.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Ontario Judge Rules That Employee Dismissed For Just Cause Still Entitled To Nearly $25,000 In ESA Termination And Severance Pay

    Termination for just cause has been among the strongest rights an employer has to deal with the termination of an unruly, incompetent or disobedient employee.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Ontario Superior Court: Employer’s Out-Of-Province Payroll Is Relevant To ESA Severance Pay Threshold

    Certain circumstances of a dismissal trigger an obligation on the employer to provide an employee with severance pay.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario Superior Court Takes "Trust" Approach To Mitigation At Summary Judgment

    Summary judgment has increasingly become a process used to litigate wrongful dismissal actions.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Policy Violation Was Just Cause For Dismissal: Employee Was Thoroughly Aware And Educated On The Policy – Alberta Arbitrator Rules

    An Alberta arbitrator ruled that a company had just cause to immediately terminate the employment of a lead mechanic for a Lockout/Tag Out Policy violation because of the exceptional lengths the company had gone to in order to maintain a high level of safety in the plant.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Recent Ontario Divisional Court Decision Confirms "You Do Not Get Two Kicks At The Same Set Of Facts"

    Section 34 (11) of the Human Rights Code, R.S.O. 1990, c. H.19, (the "Code") effectively prohibits a person from making a human rights application if a civil proceeding relying on the same facts and...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Secret Recordings Condemned By Court In Wrongful Dismissal Case

    Employment lawyers always stress the importance of documentation in employee matters.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Short-Term Employee's Wrongful Dismissal Claim For Year's Worth Of Reasonable Notice Denied

    When it comes to termination of employment and wrongful dismissal, the case law in recent years has, to put it mildly
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Stop The Clock: Ontario Again Extends The Deemed COVID-19 Emergency Leave And Introduces Flexibility For Layoffs In Unionized Workplaces

    Ontario has once again extended the relief for employers from the temporary layoff provisions under the Ontario Employment Standards Act, 2000 (ESA) in the hopes of protecting businesses...
    CanadaEmployment and HR
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Successor And Related Employer Obligations: Not Just For Unionized Employees

    A recent decision of the Ontario Superior Court of Justice confirms that the labour law concepts and resulting liability for related or predecessor companies may extend into the employment law sphere.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Termination Clauses Holding Their Ground In Court

    The province continues to show deference to employers in wrongful termination cases advancing through to the highest courts in BC.
    CanadaEmployment and HR
    Kane Shannon Weiler
    Kane Shannon Weiler
  • Article

    Termination The Only Acceptable Outcome For Employee Who Calls In Sick In Order To Play Baseball

    In reasons released June 19, 2014, the Alberta Court of Appeal upheld a lower Court decision quashing labour arbitration award.
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    The Saga Continues: The Ontario Court Of Appeal Strikes Down A Termination Provision In Wood v. Fred Deeley Imports Ltd.

    In recent years, there have been a number of cases where contractual termination provisions that attempt to limit an employee's entitlements upon termination have been found to be unenforceable...
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Watch It, Kids! Articling Student's Wrongful Dismissal Claim Fails

    A discussion on a recent case involving a student being fired for insubordination from the law firm where he had been taken as an articled student.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    What Do Your Policies Say About Termination?

    Many employers have policies about termination, and specifically about what an employee is entitled to if terminated without cause.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    What Is Physical Disability? BC Human Rights Tribunal Confirms Legal Test Under Human Rights Code

    A decision this month by the BC Human Rights Tribunal (the "Tribunal") considered the evidence required to prove a "physical disability" under the Human Rights Code (Li v. Aluma Systems Inc. et al, 2014 BCHRT 270).
    CanadaEmployment and HR
    DLA Piper
    DLA Piper
  • Article

    You Raise The Issue - Compensation And Terminating Executives

    Twenty four months has generally been considered to be the upper limit for reasonable notice of termination without just cause.
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    A List Of What Not To Do When Terminating An Older Employee

    In Price v. Top Line Roofing, Top Line laid off two of its oldest journeymen, Mr. Price, who was 53 and a colleague, who was in his 60s.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Showing 241–260 of 2191 results

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