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  • Article

    Two Wrongs Do Not Make A Right: The Dismissal Of An Employee Having Caused An Accident While Intoxicated And Having Violated A Last Chance Agreement Is Confirmed

    On February 6th, 2014, the Superior Court allowed the application for judicial review of an arbitration award having accepted an employee's grievance following his dismissal.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Unjust Dismissal Under The Canada Labour Code Remains Alive

    The Supreme Court of Canada recently overturned a controversial decision of the Federal Court of Appeal (Koskie Minsky LLP Employment Blog February 9, 2015).
    CanadaEmployment and HR
    Koskie Minsky LLP
    Koskie Minsky LLP
  • Article

    A Friendly Reminder: $ilence Is Still Golden: Render V. ThyssenKrupp Elevator (Canada Limited), 2022 ONCA 310

    The decision of the Court of Appeal in Render is an interesting and important employment law decision, and necessary reading for all who practice in that area. In addition, for all litigators...
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Tips On The Right Way To Fire Employees In Ontario

    Dismissing an employee is not a pleasant experience. But whether you like it or not, this is one task that most businesses will encounter at some point.
    CanadaCriminal Law
    Vey Willetts LLP
    Vey Willetts LLP
  • Article

    Assert A Weak Case For 'Just Cause For Termination' At Your Peril!

    A recent Alberta Court of Queen's Bench case sends a strong caution to employers: act in good faith in performing the employment contract or be prepared to pay.
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Court Confirms Employer Can Dismiss Employee Where Side Job Is A Problem

    Over the last decade, there has been a rise in the number of workers with a second job (often referred to as a side hustle or side job).
    CanadaEmployment and HR
    Wilson Vukelich LLP
    Wilson Vukelich LLP
  • Article

    Court Of Appeal Confirms: “At Any Time” Or “For Any Reason” Do Not Automatically Invalidate Termination Clauses

    The Ontario Court of Appeal has issued a landmark ruling clarifying how commonly used termination clause language should be interpreted under employment law. The decision addresses whether phrases like...
    CanadaEmployment and HR
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Federal Court Of Canada Finds "Without Cause" Dismissals Permitted Under The Canada Labour Code

    The Federal Court confirmed that companies subject to the Canada Labour Code are permitted to dismiss non-union employees without just cause.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    New Regulatory Change To The ESA Provides Temporary Relief For Employers

    On May 29, 2020, the provincial government published a new regulation that temporarily amends the treatment of temporary layoffs under the Ontario Employment Standards Act, 2000 (the "ESA").
    CanadaEmployment and HR
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Paid IDEL Extended In Ontario; Deemed IDEL Is Over

    On July 21, 2022, the Ontario government filed new regulations amending Ontario Regulation 228/20 (O. Reg. 228/20), resulting in the extension of paid Infectious Disease Emergency Leave (IDEL) until March 31, 2023.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    When An ESA Decision Just Isn't Enough

    In a recent interim decision, the Human Rights Tribunal of Ontario declined to dismiss an application on the grounds that the substance of the application was dealt with via an ESA decision rendered on the same facts.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Poor Reference Check Results In Damages

    Recruiting capable talent is challenging at the best of times. The demand for solid candidates remains strong while the available talent pool seemingly keeps shrinking.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Court Of Appeal Restores Distinction Between ESA Minimum Notice Requirements And Common Law Notice

    On September 19, 2018, the Ontario Court of Appeal released its decision in Wood v. CTS of Canada Co..
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Is A Bonus Really "Discretionary?" Employers Should Be Careful

    Spring is bonus time in many workplaces.
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    Another Streamlined Trial Application Shut Down

    In Bailey v Northern Alberta Institute of Technology, 2024 ABKB 563, an application to set a matter down for streamlined trial was unsuccessful.
    CanadaEmployment and HR
    Bow River Law
    Bow River Law
  • Article

    Appellate Court Finds That CERB Is Not Deductible From Wrongful Dismissal Damages

    In 2020, the Federal Government introduced the Canada Emergency Response Benefit ("CERB"), which was a governmental benefit payment eligible individuals could receive if they were directly affected by COVID-19, including those who lost their jobs or suffered a significant reduction in earnings because of COVID-19...
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Back To Basics: An Employee's Duty To Mitigate In A Wrongful Dismissal

    The recent British Columbia Court of Appeal decision, Steinebach v. Clean Energy Compression Corp., provides a thorough overview of how the duty to mitigate impacts the assessment of damages in wrongful dismissal cases.
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Being Kicked In The Behind Is No Laughing Matter: Employee’s Exaggerated Account Of Workplace Altercation Not Grounds For Summary Dismissal

    Teresa Scholer was a fifty-five year old employee working in an entry-level position with the defendant employer.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Can You Fire a Drunk Driver?

    What is the appropriate sanction for an employee who is caught driving while impaired in a company vehicle? Should they be fired?
    CanadaEmployment and HR
    EKB | Edwards, Kenny & Bray LLP
    EKB | Edwards, Kenny & Bray LLP
  • Article

    CERB Payments Cannot Be Deducted From Wrongful Dismissal Damages, Appeal Court Rules

    A lower court ruling that deducted an employee's Canada Emergency Response Benefit (CERB) payments from her wrongful dismissal damages has been overturned by the British Columbia Court of Appeal.
    CanadaEmployment and HR
    MLT Aikins LLP
    MLT Aikins LLP
  • Showing 281–300 of 2191 results

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