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The decision in Messier-Dowty Inc v. International Association of Machinists and Aerospace Workers, Local Lodge 905, serves as an important reminder that trust is fundamental to any employment relationship.

Non-unionized employees are owed "reasonable notice" under the common law, or pay in lieu of such notice, which can lead to significant payouts to terminated employees.

The British Columbia Court of Appeal in Steinebach v. Clean Energy Compression Corp. provided an excellent refresher on the principles surrounding an employee's duty to mitigate damages after termination.

In Canada, when an employer terminates an employee without cause, the employee will presumptively be entitled to notice or payment in lieu of notice – which we commonly refer to as severance.

In a British Columbia Court of Appeal decision released in late April 2014, a trial judge's decision was set aside and a new trial ordered.

A recent BC Supreme Court decision, Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, reviewed the impact of a written employment agreement and the employer's past practice of applying it.

Imagine being told that you owe someone nine years' salary and benefits. And that person had no duty to mitigate their damages. And that effectively means you owe that person more than $1 million.

In Tan v. Stostac Inc., 2023 ONSC 2121, the Court found that the termination clause contained in the employment agreement was unenforceable and the plaintiff employee was entitled to common law notice of his dismissal.

In September 2022, the B.C. Supreme Court released its decision in Parmar v. Tribe Management Inc.. This was the first Canadian civil court decision to weigh in on whether an employer is entitled...

To appreciate the dangers of varying employment terms, we must start with the foundations of contract law.

In Tarras v. The Municipal Infrastructure Group Ltd., the Ontario Superior Court of Justice held that an unenforceable termination provision entitled the terminated employee to payment...

In a recent case, a 66-year old employee was dismissed from his employment. For a total of nine years, this employee held the same job title, performed the same responsibilities, and was remunerated in the same way.

In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the employee commenced a wrongful dismissal action when his employment...

A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic.

Who said you can never go back?

A British Columbia employer has won a case to avoid double recovery of Employment Standards and wrongful dismissal damages.

In the recent decision of Phanlouvong v Northfield Metal Products, the Ontario Superior Court considered an incident of workplace violence to not provide just cause for dismissal.