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  • Article

    Recent Court Of Appeal Decision Weighs In On Reasonable Notice Periods Following An Asset Sale

    In Manthadi v. ASCO Manufacturing the Ontario Court of Appeal overturned the lower court's summary judgment decision finding that the motions
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Recognizing Drug Addiction As A Ground For Discrimination Under Human Rights Legislation – Stewart v. Elk Valley Coal Corp. 2017 SCC 30

    The Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. (2017 SCC 30) earlier this year, a landmark case concerning the current framework for determining discrimination...
    CanadaEmployment and HR
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Resignation Or Dismissal?

    A recent decision of British Columbia’s Supreme Court in Balogun v. Deloitte & Touche, LLP, 2011 BCSC 1314 (CanLII) provides a salutary reminder for employers that a hastily uttered "I quit" (or similar), is generally not sufficient to support the resignation of an employee.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Revue Des Décisions Marquantes De L'Année 2023 En Droit Du Travail Au Québec

    Au cours de la dernière année, les tribunaux québécois ont rendu plusieurs décisions importantes que les employeurs canadiens devraient connaître.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Rogers Layoffs: Understanding Your Employment Rights

    In November 2024, Rogers Sports & Media announced layoffs affecting dozens of employees in its audio division, citing declining advertising revenue and market uncertainty.
    CanadaEmployment and HR
    Monkhouse Law
    Monkhouse Law
  • Article

    Seniority Reset: BC Court of Appeal Rules On Seniority In An Asset Purchase Agreement

    recent case out of the Court of Appeal for British Columbia has confirmed that where a business is not sold as a going concern, an employee's years of service recognition resets, regardless of whether that employee takes on employment with the successor company.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Settle Smarter: If You Don't Ask, You Won't Receive

    Many people assume that the most challenging part of settlement negotiations is the bargaining.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Short Service Employee Gets Four Months' Pay In Lieu Of Reasonable Notice

    The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less than a year of tenure.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    "Should I Stay Or Should I Go?": SCC Considers Whether Paid Administrative Suspensions Trigger Constructive Dismissals

    In Potter v. New Brunswick, 2015 SCC 10 (Potter), the employer unilaterally placed its Executive Director on an indefinite paid suspension while the parties negotiated a buy-out to his seven-year statutory appointment.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Sickness, Sickness Everywhere, Nor Any Cure In Sight

    Benjamin Franklin once said that a person should "be not sick too late, nor well too soon." However, what happens when an employee is sick too soon and well... well, never?
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Sometimes, Time Won't Tell - Inducement, Recruitment And Reasonable Notice

    In a recent decision, the Ontario Superior Court of Justice awarded a plaintiff 14 months of reasonable notice pay despite the employee only having worked for the company for less than 3 years.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Summary Judgment Motions: Navigating Their Increased Use In Wrongful Dismissal Claims

    Recently, employers responding to wrongful dismissal litigation may have noticed a trend of plaintiffs seeking to resolve matters quickly by bringing motions for summary judgment.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Supreme Court Clarifies Analysis For Bonus Payments During Reasonable Notice Period In Matthews v Ocean Nutrition Canada Limited

    Is an employee entitled to their incentive bonus pay after constructive dismissal?
    CanadaEmployment and HR
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Supreme Court Delivers Important Ruling On Unfair Dismissal

    An important ruling came down from the Supreme Court of Canada last year concerning unfair dismissal which could impact hundreds of thousands of workers and employers.
    CanadaEmployment and HR
    Ridout Barron
    Ridout Barron
  • Article

    Supreme Court Restores Norm: No Termination Without Cause Under Canada Labour Code

    The Supreme Court restored the initial decision by the adjudicator assigned to the complaint, overturning the decision by the Federal Court of Appeal on judicial review.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Termination Clauses Update: Your "For Cause" Provision Might Now Invalidate Your "Without Cause" Provision

    A recent case from the Ontario Court of Appeal likely invalidates thousands of termination clauses across Ontario.
    CanadaEmployment and HR
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Termination For Cause: Another Case Of "Employer Beware"

    A termination for good business reasons does not always equate to a termination for just cause.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Termination For Facebook Post Upheld By Arbitrator – Despite Absence Of Social Media Policy

    The recent decision of United Steelworkers of America, Local 9548 v Tenaris Algoma Tubes Inc, provides an example of how a unionized employee’s off-duty social media behavior can justify dismissal.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    The Clock Keeps Ticking: Saskatchewan Court Of Appeal Reinforces The Power Of Municipal Limitation Periods In Employment Disputes

    In Esopenko v. RM of Garden River #490, 2026 SKCA 102, the Saskatchewan Court of Appeal unanimously upheld the striking of a former municipal employee’s claims because they were filed outside the one-year limitation period under s. 344(1) of The Municipalities Act.
    CanadaEmployment and HR
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    The Duty To Mitigate: When Is An Employee Required To Accept An Offer To Return To The Same Employer?

    Frederickson was employed with Newtech, a small business specializing in making dental crowns, for more than eight years.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Showing 341–360 of 2191 results

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