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  • Article

    Dial "D" For Dismissal: Employee Fired After "Pocket-Dial"

    Most people have received (or sent) a "pocket-dial", which is an unintentional cell phone call that is made by a phone when it is in a person's pocket.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Do Federal Employees Have A ‘Right To A Job'? The Supreme Court To Decide

    The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd.
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
Article

Don't Make Promises You Can't (Or More Accurately, Don't Intend To) Keep Or It May Come Back To Bite You In The Bottom (Line)!

I recently spoke at a Lancaster House webinar on the topic of "good faith and honest performance" in the employment context, and the recent case of Teljeur v Aurora Hotel Group 2023 ONSC 1324 is a good illustration of how those concepts apply in respect of a termination of employment.
CanadaEmployment and HR
CCPartners
CCPartners
  • Article

    Drunken Picket Line Threat To "Shoot Everyone" Did Not Warrant Dismissal: Ontario Arbitrator

    A mining employee who consumed alcohol and uttered threats on a picket line was not properly dismissed, as his threats were "little more than the frustrations of a troubled man who was under a great deal of personal, emotional and financial stress", an Ontario arbitrator has held.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employee's Tweets About Confidential Settlement Payments Cost Him $50,000.00

    The majority of employment disputes are resolved long before they ever reach a court room.
    CanadaEmployment and HR
    Vey Willetts LLP
    Vey Willetts LLP
  • Article

    Employees Dismissed During A Probationary Period May Still Be Entitled To Notice Of Termination

    Many employers in Ontario use a probationary period to assess the suitability of a new hire.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Employee's Transgressions Insufficient To Justify Dismissal

    The plaintiff Soost was summarily dismissed from his position as a financial advisor by the defendant Merrill Lynch Canada Inc.
    CanadaEmployment and HR
    DLA Piper
    DLA Piper
  • Article

    Employee’s Damages Reduced For Failure To Mitigate By Accepting Re-Employment

    Mr. Hooge was a mill worker for Gillwood Remanufacturing Ltd., which owned and operated a mill in Chilliwack.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employer Restructuring And Transitions: An Important Contextual Factor In Constructive Dismissals

    The plaintiff, Ms. Costello, was employed by ITB for 34 years.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employers Need Clear Evidence To Establish Just Cause And Post-termination Earnings From Lower Paying Jobs To Reduce Damages.

    The Ontario Court of Appeal recently examined the evidentiary requirements for establishing just cause termination and clarified how mitigation income affects wrongful dismissal damages.
    CanadaEmployment and HR
    Robins Appleby LLP
    Robins Appleby LLP
  • Article

    Executive Sues For Wrongful Dismissal And Ends Up Paying His Employer $530,000

    A president and CEO in Alberta sued after his employment was terminated for cause.
    CanadaEmployment and HR
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Experienced Unionized Employee’s Just Cause Dismissal Upheld Through Application Of "Culminating Incident" Doctrine

    A common question from employers is: When do we have enough incidents of discipline on record for a repeat offender employee to terminate employment?
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Failure To Comply With ESA Minimums Can Be Fatal…

    At the time of an employee's termination, the most crucial clause is typically that relating to the employee's entitlement upon a without cause termination.
    CanadaEmployment and HR
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    False Allegations Of Cause Prove Costly For Employer

    Employers who choose to raise unfounded allegations of just cause for strategic reasons, to avoid severance costs or to use such allegations as leverage to reduce their severance obligations, ought to beware.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Federal Court Finds Employees Who Refuse To Follow Vaccination Mandate Not Eligible For Employment Insurance

    Recently, the Federal Court (the "Court") released an encouraging decision for employers as they continue to deal with
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Federal Court Of Appeal Confirms That Signed Releases Do Not Prevent Employees From Pursuing Unjust Dismissal Complaints Under‎ The Canada Labour Code

    On January 24, 2020, the Federal Court of Appeal upheld the decision in Bank of Montreal v. Li.
    CanadaEmployment and HR
    DLA Piper UK LLP
    DLA Piper UK LLP
  • Article

    Federal Employers Do Have The Right To Dismiss Employees Without Cause!

    What most would have thought was a pretty clear principle – that an employer whose business is covered by Part III of the Canada Labour Code had the right to dismiss employees without cause – was, for a period of time, cast into doubt by an adjudicator.
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Federally Regulated Employees Do Not Have Just Cause Protection

    A recent decision of Canada’s Federal Court of Appeal has provided clarity to a decades-long debate as to whether non-unionized, federally regulated employees can be terminated without cause.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Fired Employee's Facebook Post Calling Company "S—Hole" Showed Dismissal For Workplace Outbursts, Threat Was Indeed Appropriate

    An employee who yelled and swore at a manager about a written test for a maintenance position, and a few days later took a gun out of a box in the company parking lot and "pumped it", was fired for cause...
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Firing After Employee's "Generalized Threat To Get Legal Advice" Was Not Retaliatory

    An employee who was fired approximately one month after he told his employer that he "might get legal help" was not the victim of a reprisal, the Ontario Labour Relations Board has decided.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Showing 441–460 of 2191 results

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