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  • Article

    Fixed-Term Contracts: When Can Aggravated Damages Be Awarded In Wrongful Dismissal Cases?

    In the recent case of Quach v. Mitrux Services Ltd., 2020 BCCA 25 (CanLII), the British Colombia Court of Appeal clarified how mitigation applies to fixed-term contracts...
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Generosity Is Not Enough: Federally Regulated Employers Must Have Cause To Dismiss Non-Unionized Employees

    At common law, a non-unionized employee can be dismissed without reasons if he or she is given reasonable notice or pay in lieu.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
Article

HRTO Dismisses Discrimination Application Because Of Civil Proceeding

The Ontario Human Rights Tribunal (the "HRTO") recently dismissed an application brought by a former employee (the "Applicant") against his employer in Koufis v. James Campbell Inc.
CanadaEmployment and HR
McCarthy Tétrault
McCarthy Tétrault
  • Article

    IDEL May Preclude Claims For Constructive Dismissal At Common Law: Was Coutinho V. Ocular Health Wrongly Decided?

    We recently reported on the Ontario Superior Court's decision in Coutinho v. Ocular Health.
    CanadaEmployment and HR
    Goodmans LLP
    Goodmans LLP
  • Article

    Inappropriate E-mail Use By Employees Can Constitute Cause For Dismissal

    Increased usage and reliance on the Internet creates new challenges for both employees and an employer’s human resources department.
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Infectious Disease Emergency Leave And Wrongful Dismissal

    Ontario employees on temporary layoff (or on reduced hours) due to COVID-19 are currently deemed to be on Infectious Disease Emergency Leave ("IDEL") under the Employment Standards Act (the "ESA")
    CanadaEmployment and HR
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Insubordination And Poor Performance Constitute Just Cause For Termination

    A recent decision of the Ontario Court of Appeal upheld the Ontario Superior Court's decision in Hoang v. Mann Engineering...
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Is There A Duty To Mitigate? Not When The Fix Is In...The Agreement

    The Ontario Court of Appeal recently held that the duty to mitigate following dismissal does not apply when a dismissed employee’s contract contains an express notice of termination provision and is silent with respect to mitigation.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Lawyer-Mediator’s Firm Conflicted-Out Of Representing Employee

    The law firm of a lawyer who assisted a hospital in "evaluating, mediating and resolving workplace conflicts between employees including allegations of harassment and workplace violence" has been ordered removed as lawyers of record for an employee who was suing the hospital.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    No "Double Dipping" Where Trial Judge Awarded Moral Damages For Bad Faith Dismissal And Damages Based On Sexual Harassment

    In Doyle v. Zochem the Ontario Court of Appeal upheld a $60,000.00 award for moral damages to an employee who was dismissed in bad faith. In addition, the employee was awarded ten (10) months' salary..
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario, Canada: Arbitrator Upholds For-Cause Dismissal Of Employee With COVID-19 Who Put Colleagues And Others At Risk

    In Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance) [2020] O.L.A.A. No. 162 (Garda Grievance), a labour arbitrator dismissed a grievance pertaining to the for-cause dismissal...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario Court Of Appeal Confirms The Importance Of An Enforceable Termination Clause

    In Bertsch v. Datastealth Inc., the Ontario Court of Appeal confirmed that a properly drafted termination clause will be enforced.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Ontario Court Orders Defence Medical Examination Of Terminated Employee Alleging Inability To Mitigate

    In Marshall v Mercantile Exchange Corporation, the Ontario Superior Court of Justice granted an employer's motion for a defence medical examination of a former...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Court: Purchaser In Asset Transaction Cannot Rely On Release Between Employee And Seller

    "Privity of contract" is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights
    CanadaEmployment and HR
    Siskinds LLP
    Siskinds LLP
  • Article

    Ontario Court Upholds Dismissal Where Employee Refused To Comply With Third Party Vaccine Mandate

    We have been blogging a lot about how COVID-19 vaccine mandates have impacted workplace law, and now we can add one more context to our catalogue.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario Court Upholds Termination Clause Excluding Employee's Common Law Entitlements, Ends Employee's Lawsuit Against Former Employer

    In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Jury Awards Ex-Employee $1.4 Million For Mistreatment By Former Manager

    In a cautionary tale for employers, a jury in Windsor, Ontario awarded $1.4 million in damages to a former Wal-Mart employee.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Politique de vaccination contre la COVID-19 : nouvelle directive concernant les relevés d'emploi

    Emploi et Développement social Canada (EDSC) a récemment émis une nouvelle directive à l'intention des employeurs visant leurs employés...
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Principled-Articling Student Relationship Not Considered Unique Relationship Under Common Law Employment Principles – Wrongful Dismissal

    In 2016, Melissa Ojanen ("Ojanen"), an articling student at Acumen Law Corporation ("Acumen"), was terminated by her employer only four months after she began her articles.
    CanadaEmployment and HR
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Punitive Damages: Court Of Appeal Of Quebec Reduces Damages Payable By An Employer Following A Constructive Dismissal

    The Court of Appeal allowed an appeal from a judgment of the Superior Court that had ordered the employer to pay an amount of $1,086,767.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Showing 321–340 of 2191 results

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