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  • Article

    Ontario Court Of Appeal Limits Equity Forfeiture On Termination

    A recent Ontario Court of Appeal decision establishes that restricted stock units (RSUs) constitute a "term or condition of employment" under the Employment Standards Act, potentially entitling terminated employees to continued vesting during their notice period. The ruling in Wigdor v. Facebook Canada Ltd. resulted in a US $4.7 million award and raises critical questions about whether standard forfeiture clauses in RSU agreements can lawfully cut off vesting upon termination.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Post-Termination Evidence Of Mental Illness Leads To Reinstatement

    In the recent decision of Cape Breton (Regional Municipality) v CUPE, Local 933, 2014 NSSC 97, the Nova Scotia Supreme Court upheld an arbitrator's decision to conditionally reinstate an employee who had been terminated due to excessive absenteeism.
    CanadaEmployment and HR
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright Canada LLP
  • Article

    "She Got A Break Today" - Court Refuses To Deduct Earnings During Notice Period

    Brake v. PJ-M2R Restaurant Inc. (2017 ONCA 402) is an important decision on employers' potential liability in wrongful dismissal actions.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Supreme Court Denies Leave To Appeal In An Action Opposing Remstar Against Former Employees Of TQS In Relation To Severance Payments

    The Supreme Court of Canada released on February 2nd its judgment in the case of Remstar Corporation v. Syndicat des employés-es de TQS Inc. (FNC-CSN) et al. dismissing with costs the application of Remstar Corporation ("Remstar") for leave to appeal from the decision of the Federal Court of Appeal (the "FCA").
    CanadaEmployment and HR
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Supreme Court Of Canada Rules That Administrative Suspension Is A Constructive Dismissal

    An administrative suspension can be an effective tool for an employer to invoke when it needs to temporarily remove an employee from the workplace.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Terminating A Probationary Employee? Not So Fast…

    The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Terminating Employees On Disability

    The media is full of the story of a couple from Wales who were fired from their jobs after the husband helped save children from a shark attack.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Termination Without Cause Can Lead To Expedited Litigation

    There are many circumstances that can arise that result in an employer terminating an employee without cause.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    The Cost Of Intimidation: What Not To Do When Terminating An Employee

    A recent decision, Ruston v. Keddco MFG (2011) Ltd., demonstrates the high cost of bad faith in terminating a senior employee.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Wilson v. AECL – 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

    Yes, Employers — Employment Agreements Really Work (Even When They Contain A Glitch)

    We always recommend that our clients use employment agreements with termination clauses to define and limit their severance obligations.
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    Alberta Court Of Appeal Upholds Long Term Incentive Plan Delayed Vesting

    In a decision issued today, the Court of Appeal allowed the employer's appeal in a case involving the Alberta Investment Management Corporation.
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Dismissal Following Lengthy Unauthorized Absence Not Discriminatory, Says HRTO

    In Joseph v. Tecumseh Community Development Corporation, 2019 HRTO 635 ("Joseph") the Tribunal dismissed an application made by an employee whose employment
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Five Key Differences Between Canadian And U.S. Employment Law

    In Canada, approximately 90% of the workforce is regulated by provincial governments.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Fixed-Term Employment Defeats Wrongful Dismissal Claim

    In Steele v. The Corporation of the City of Barrie, 2022 ONSC 7245, the Ontario Superior Court of Justice provided guidance on how courts will determine whether an employment relationship is truly fixed-term such that...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Mitigation Income: What's In And What's Out?

    Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Pay Now, Mitigate Later: Court Awards 27 Month Notice Period And Requires Employer To "Trust" Employee Will Mitigate Damages During Notice Period

    Generally, in a wrongful dismissal action, the principle legal issue before the court is the determination of the reasonable notice period (or pay in lieu) the employee should be awarded.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    SCC Finds No Discrimination For Terminating Employee In Alberta Drug Addiction Case

    On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. and upheld the Alberta Court of Appeal's ruling that an employer can terminate an employee...
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Workplace Drug Testing: What Alberta's Latest Cases Mean For Employers

    Navigating the complexities of drug testing policies in the workplace is crucial, especially in safety-sensitive environments.
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Lawyer Wrongfully Dismissed In Newfoundland And Labrador

    Turner v. Newfoundland and Labrador (Legal Aid Commission), 2014 NLTD (G) 156, is a new case out of Newfoundland and Labrador addressing applicable damages in the context of a wrongful dismissal from employment.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Showing 381–400 of 2191 results

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