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  • Article

    Mitigation Obligation Clarified: Employee Not Required To Seek Lesser-Paying Job

    The Ontario Court of Appeal has clarified that a terminated employee is obligated to mitigate damages by seeking comparable employment to her previous job, not lesser jobs.
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    When Should Employers Engage An External Investigator?

    Increasingly, employers are faced with the challenging task of responding to a wide range of complaints in the workplace. When made aware of a workplace complaint, it is crucial that an employer...
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
Article

Ontario Government Introduces Significant Changes To Temporary Layoffs And Constructive Dismissals Under The ESA, 2000

On May 29, 2020, the Ontario government filed Ontario Regulation 228/20 (the "Regulation").
CanadaCoronavirus (COVID-19)
WeirFoulds LLP
WeirFoulds LLP
  • Article

    Ontario Government Makes Sweeping Changes To The ESA

    Friday evening, the Government amended Ontario's Employment Standards Act, 2000 ("ESA") through Ontario Regulation 228/20 to provide employers with some comfort that they will ...
    CanadaCoronavirus (COVID-19)
    MacDonald & Associates
    MacDonald & Associates
  • Article

    Ontario Government Passes New Regulation On COVID-19 Layoffs

    According to Statistics Canada, two in five employers in Canada have reduced hours or laid off one or more employees since the beginning of the COVID-19 crisis. One of the risks associated ...
    CanadaCoronavirus (COVID-19)
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    5 Tips To Avoid Constructive Dismissal Claims

    A constructive dismissal claim arises when an employer unilaterally changes a fundamental term of the employment agreement and, while the employer has not directly terminated the employee...
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    A First In Alberta: Employee Awarded 26 Months Of Reasonable Notice

    In Lischuk v. K-Jay Electric Ltd, 2025 ABKB 460, the Alberta Court of King's Bench, for the first time, awarded damages to a wrongfully terminated employee equal to 26 months' compensation...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    A New Criterion For Unreasonableness: The Obligation For Adjudicators To Demonstrate Their Consideration Of Progressive Discipline

    In a recent decision of the Federal Court of Canada, the Court had occasion to apply the Supreme Court of Canada's decision in Wilson v Atomic Energy of Canada ltd (Wilson) for one of the first times.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    A Rare Win For An Employer's Ability To Drug Test

    As Canadian employers and U.S. employers with Canadian subsidiaries well know, the climate in Canada has never been favourable to drug and alcohol testing.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    An Employee's Failure To Mitigate Results In A Discounted Award For Notice

    Whether an employee took reasonable steps to mitigate his wrongful dismissal damages was recently reviewed in the Supreme Court of British Columbia decision Moore v. Instow Enterprises Ltd., 2021 BCSC 930.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Appeal Court Reaffirms High Bar For Awarding Mental Distress Damages

    In Cottrill v. Utopia Day Spas and Salons Ltd.,[1]a recent decision of the British Columbia Court of Appeal, the Court set aside an award of $15,000 in aggravated damages to a wrongfully dismissed
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Arbitrator Orders Repayment Of Settlement Monies For Breach Of Confidentiality Undertaking

    Confidentiality is a cornerstone of settlements: no more so than in the workplace. Unless it has a weak case, an employer is generally not motivated to settle without a confidentiality undertaking and an express agreement that the settlement is not an admission of liability..
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Are Employment Standards Findings Binding On Civil Matters?

    The British Columbia Supreme Court's decision in Read v Rimex Supply Ltd, 2021 BCSC 2157 ("Read") addressed whether the doctrine of issue estoppel should apply...
    CanadaEmployment and HR
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Back To Life, Back To Reality: Court Of Appeal Claws Back Landmark Notice Award

    <P><I>The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.</I></P>
    CanadaEmployment and HR
    MacDonald & Associates
    MacDonald & Associates
  • Article

    Back To School — Does Retraining Count As Reasonable Mitigation Of Damages?

    In Benjamin v. Cascades Canada ULC, 2017 ONSC 2583, the plaintiff had worked as an unskilled labourer with the defendant company for 28 years.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Bartender, Fired For Smoking Marijuana At Work, Loses Human Rights Complaint

    A B.C. bartender has lost his human rights complaint after he was dismissed for smoking marijuana on shift.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    BC Court Of Appeal Confirms Dishonesty Constitutes Cause For Dismissal – Key Takeaways From Mechalchuk v. Galaxy Motors (1990) Ltd.

    In Mechalchuk v. Galaxy Motors (1990) Ltd.,[1] the British Columbia Court of Appeal confirmed that a senior employee's decision to submit personal meals as business expenses constituted cause for dismissal.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    BC Supreme Court Awards Aggravated Damages In The Absence Of Medical Evidence

    In the wrongful dismissal case, Ensign v. Price's Alarm Systems, 2017 BCSC 2137, the British Columbia Supreme Court made an aggravated damages award in the absence ...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Best Practices For Employers During Termination Meetings: Insights From Teljeur V. Aurora Hotel Group

    The Ontario Court of Appeal recently upheld the Trial Court's decision in Teljeur v. Aurora Hotel Group, 2023 ONSC 1324, affirming the importance of employers exercising...
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    Bonus Plans: Being "Actively Employed" May Include Being Fired

    When does a bonus form part of compensation owed during a terminated employee's notice period?
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
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