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  • Article

    Setting The Record Straight On Probation Clauses

    Probation in the employment context is generally understood as a period during which the employee's suitability for continued employment is assessed
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Settlements Invalidated By Dishonesty Or Breach Of Conditions

    Enforcing a settlement against an employer who did not know and could not have known that their employee was abusing his position with them would have constituted a clear risk of injustice.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
Article

"Sham" Investigation Results In $75,000 Aggravated Damages Award Against Employer

An employer that terminated an employee alleging just cause was ordered to pay damages for wrongful dismissal, including an award of aggravated damages of $75,000.
CanadaEmployment and HR
Dentons Canada LLP
Dentons Canada LLP
  • Article

    Six Months For Six Months: Is One Month's Notice Per One Month Of Employment Reasonable?

    The past few years have seen a wave of Canadian court awards involving significant reasonable notice periods for short service employees, and the recent B.C. case of Greenlees v. Starline Windows Ltd
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Small Claims Court Confirms That Accepting New Employment During A Lay-Off Doesn't Automatically Imply Resignation

    A recent ruling from the Ontario Small Claims Court offers valuable insights for employers regarding what constitutes wrongful dismissal for an employee on lay-off.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Some Disputes Are Baked Into The Cake, But Others Can Be Harder For Members To Stomach

    Unions and the employees they represent are not monolithic. There are often disputes between them. It descends beyond the omnipresent historic complaints where employees with good grievances are denied the opportunity...
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    Spring Cleaning: Now Is The Time To Tidy Up Your Contracts And Polcies

    The warm weather is here and spring cleaning has begun. While most people think of dusting shelves, removing clutter and vacuuming the rug, we here at CCP are focused on tidying ...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Summary Judgment In Wrongful Dismissal Even When Just Cause Alleged

    Rodrigues v Fort McKay Strategic Services LP, 2025 ABKB 414 follows a trend of decisions in Alberta that demonstrate the ABKB's willingness to determine disputes outside of simple notice period analysis using summary judgment.
    CanadaEmployment and HR
    Bow River Law
    Bow River Law
  • Article

    Suspension held to Constitute Constructive Dismissal: Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10

    Employers frequently ask us whether they are allowed to suspend an employee, and, if they do so, whether there is a risk that the employee may sue for constructive dismissal.
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Temporary Lay-Offs – What Are The Risks?

    In uncertain times, many employers look for creative ways to manage payroll, retain talent and minimize risk. These are not easy challenges to face.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Temporary Layoffs During COVID-19 Can Amount To Constructive Dismissal Under Common Law – Coutinho V. Ocular Health Centre Ltd., 2021 ONSC 3076 (CanLII)

    In earlier blog posts, which can be found here and here, we wrote about the implications of Regulation 228/20 (the "Regulation"), enacted pursuant to the Employment Standards Act, 2000(the "ESA").
    CanadaEmployment and HR
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Terminating Employees After The Sale Of A Business

    When a business is sold, it is common that its employees will continue working for the purchaser after the sale. If the purchaser later decides to terminate their employment, complex issues around...
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Termination Clauses: Nova Scotia Supreme Court Weighs In

    In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts...
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    The Capital Punishment Of Employment Law

    Termination for justifiable cause without notice and without severance has been called the "capital punishment of employment law".
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    The Clause That Saved The Company $7 Million: Is It Bionic Or Just Good Drafting?

    Terminating the employment of a senior executive can be expensive business.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    The Enforceability Of Arbitration Clauses In BC Employment Contracts

    The BC Supreme Court recently considered the enforceability of arbitration clauses in employment contracts, as was addressed in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 ("Uber").
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    The Federal Court Reaffirms The Limits To CLC Adjudicators' Reinstatement Powers

    The Federal Court of Canada's recent decision in Miawpukek First Nation v. Howse, 2022 FC 1501 reaffirmed the principle that unjust dismissal adjudicators appointed under the Canada Labour Code...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Limits Of Blogging: - “Alberta Union Of Provincial Employees v. Alberta”

    When an employee turns to the internet to engage in blogging and the subject matter of the blog is the workplace and co-workers, the content of the blog can undermine the employment relationship and lead to a termination of employment for just cause.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Limits Of "Whistleblower" Reprisal Protections Under OHSA

    Whistleblower laws exist to protect employees who disclose wrongdoing within their organizations.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    The Ontario Court Of Appeal Addresses Inability To Mitigate Due To Physical Incapacity And Aggravated Damages In The Manner Of Dismissal

    The Court of Appeal recently confirmed that an employee may be able to establish that they were physically incapable of mitigating their damages during a reasonable notice period, even without expert medical evidence.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Showing 501–520 of 2191 results

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