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  • Article

    An Employer's Financial Circumstances Do Not Affect The Reasonable Notice Period

    Should an employer's financial circumstances be relevant when considering the period of reasonable notice to which a wrongfully dismissed employee is entitled?
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Bonus Claims: Past Practice Gets A Boost

    Craig Cunningham was an accomplished senior executive who was dismissed without cause after eight years service.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
Article

Click-Through Agreements…Think Twice Before You Click

We have all bound ourselves to internet agreements – especially this time of year.
CanadaEmployment and HR
Goldman Sloan Nash & Haber LLP
Goldman Sloan Nash & Haber LLP
  • Article

    Denunciation, Deterrence And Retribution: Jury Awards Dismissed Employee $573,000 In Punitive Damages

    The Vancouver Sun has reported that a British Columbia jury recently awarded employee Larry Higginson over half a million dollars in punitive damages, on top of a $236,000 award for wrongful dismissal.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    EI Officer's Ruling Prevents Misconduct Allegations In Unjust Dismissal Hearing

    As many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent ruling under the Canada Labour Code (the "Code") demonstrates
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Employer Cannot Expedite Their Employee’s Resignation Without Proper Notice

    An employer in Ontario can terminate any employee at any time without just cause, so long as the termination is not due to any discriminatory reasons.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Hard Truth About Financial Hardship: No Excuse For Unreasonable Notice

    This was a wrongful dismissal action brought by three (3) teachers previously employed by St. Thomas of Villanova Catholic School (the School) for periods ranging from eight (8) to twelve (12) years.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Hedging Your Bets In Litigation Is Not Permissible

    The Labour Appeal Court, in Ithala SOC Ltd v Ntombela and others, found that the employer was not permitted, having reinstated the employees following a finding that their dismissals...
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    No Constructive Dismissal Of Employee Who Refused Vaccination Says The B.C. Supreme Court

    The plaintiff was employed at Tribe Management Inc. (Tribe) when the COVID-19 pandemic commenced. I
    CanadaEmployment and HR
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    "No Free Pass": Ontario Superior Court Rules That Dismissed Employee Failed To Mitigate Damages By Retraining

    In the recent wrongful dismissal case, Benjamin v. Cascades Canada ULC, 2017 ONSC 2583, the Ontario Superior Court of Justice found that an employee failed to mitigate his damages by deciding to retrain rather than...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario's Infectious Disease Emergency Leave And Constructive Dismissal

    On May 29, 2020, the Ontario government enacted Ontario Regulation 228/20: Infectious Disease Emergency Leave, which in practical terms extended the length of time an employee...
    CanadaEmployment and HR
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Ontario, Canada Extends COVID-19 Paid Sick Days To July 31, 2022 And Deemed IDEL To July 30, 2022

    On December 7, 2021, Ontario announced it would extend the availability of Paid Infectious Disease Leave (Paid IDEL) until July 31, 2022, and the temporary relief measures from the termination and severance provisions
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario Court Awards Independent Contractors Over Two Years Of Notice

    As work patterns change in the modern era, the line between independent contractor and employee can often become blurry.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Ontario Court Reinforces Limits On Summary Judgment For LTD Entitlement Claims: Notice Period Issues Are Fair Game

    In employment litigation involving termination and long-term disability (LTD) benefits, Ontario courts continue to draw important distinctions. While questions relating to reasonable notice are often well-suited...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Revoking Telecommute Agreement A Constructive Dismissal

    The Ontario Superior Court recently found that an employee had been constructively dismissed when her employer reneged on its promise that she could work from home three days per week.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Small Differences In Provincial ESAs Lead To Big Differences In Court

    In employment law in recent years, almost on a daily basis, lawyers are lauding or lamenting new court decisions regarding the validity of termination clauses.
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    Summary Judgment May Not Be Appropriate for Determining Reasonable Notice

    ​Trials are too expensive for many litigants. Summary judgment is one way of resolving disputes without a trial. In Alberta, summary judgment is available at any time during the pre-trial process.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Court Weighs In: Termination For Social Media Misconduct

    Over a decade had passed since Ellen Simonetti, dubbed the "Queen of the Sky" was fired by Delta Air Lines after her infamous "Diary of a Dysfunctional Flight Attendant" blog.
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    The HR Space: Wrongful Dismissal Damages: Full Compensation Or Double Recovery - Supreme Court Of Canada To Take Another Look

    On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the B.C. Court of Appeal decision in Waterman v. IBM Canada Ltd.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Think Twice Before Withdrawing That Employment Offer!

    Employers are generally aware that terminating an employment relationship brings legal risks. However, a lesser known employment principle is that employers face significant legal risks even where...
    CanadaEmployment and HR
    EKB | Edwards, Kenny & Bray LLP
    EKB | Edwards, Kenny & Bray LLP
  • Showing 261–280 of 2191 results

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