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  • Article

    The Return Of Large Punitive Damages Awards In Wrongful Dismissal Cases?

    Are large punitive damages awards in wrongful dismissal coming back? Looking at the trial court’s decision in the case of Pate v. Galway-Cavendish and Harvey (Townships), which is currently under appeal, one wonders.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    The Risk of Delay In Signing Employment Contracts

    The recent Ontario Court of Appeal decision in Holland v. Hostopia. com confirms with authority that employment contracts signed after commencement of employment will not be binding against the employee in significant respects.
    CanadaEmployment and HR
    Torkin Manes LLP
    Torkin Manes LLP
Article

The Taylor Appeal: No Clarity From Court Of Appeal On Question Of Intersection Of ESA And Common Law Rights Under The IDEL Amendments

In 2020, the global COVID-19 pandemic unexpectedly changed the lives of many employers and employees.
CanadaEmployment and HR
CCPartners
CCPartners
  • Article

    To Vest Or Not To Vest - Stock Options And Other Equity-Based Plans In A Wrongful Dismissal Claim

    Stock options and restricted share unit ("RSU") plans, are used by employers to attract, reward and retain employees for the long-term.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    "Too Much" Is Never Enough When Dignity Injured: B.C. Human Rights Tribunal's Ground-Breaking Award Restored By Court Of Appeal

    You may recall that CCPartners wrote in November of last year about a case making its way through the judicial review process in British Columbia.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Turning Of The Tides? Record Setting Human Rights Damage Award Overturned In British Columbia

    Over the past few years, we have seen a number of cases in Canada where human rights tribunals have awarded record setting damage awards to employees who have been subject to discrimination in the workplace.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    "Unacceptable Burden" On Employer To Keep Two Fighting Employees Apart: Dismissal Upheld, But Lifetime Work Ban At Hydro Overturned

    A journeyman electrician employed by Hydro One Inc. was properly dismissed because, during an altercation, he pushed another employee causing him to lose his footing and fall down metal stairs outside a trailer, the Ontario Labour Relations Board has held.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Unjust Dismissal In The Federal Sector

    Under the Code, federally regulated employees in non-management positions with more than 12 months of service are protected from unjust dismissal.
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    When Hurt Feelings Aren't Enough: Aggravated Damages In Wrongful Dismissal Cases

    In a recent decision, the BC Court of Appeal overturned a trial judgment awarding aggravated damages to a plaintiff who had been wrongfully dismissed from his employment.
    CanadaEmployment and HR
    EKB | Edwards, Kenny & Bray LLP
    EKB | Edwards, Kenny & Bray LLP
  • Article

    When To Fight And When To Fold: A Cautionary Tale For Employers That Defend A Wrongful Dismissal Claim On "Principle"

    How do you convince a client that wants to defend a wrongful dismissal claim of the fact that its claim of just cause for termination is devoid of legal merit?
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Work Refusal Was Motivated By Employee's Dislike Of Work Assignment, Not By Safety: When Full Disciplinary Record Considered, Employee Was Fired For Cause

    An arbitrator has upheld the dismissal of an employee who tried to use the Occupational Health and Safety Act's work refusal provisions to avoid undesired work assignments.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Workplace Drug Dealing Provides After-Acquired Cause For Termination

    In most cases, employees who commit misconduct will face the consequences of their actions during their employment, in the form of discipline or even termination.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Workplace Investigations - Part 3

    A discussion of some of the privacy issues that can arise in workplace investigations.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Wrongful Dismissal Limits Raised In Provincial Court Of Alberta

    An important development for employers and dismissed employees occurred as of August 1, 2014, when the Government of Alberta raised the limit for claims.
    CanadaEmployment and HR
    DLA Piper
    DLA Piper
  • Article

    You Can't Always (Do) What You Want: Judge Finds Failure To Mitigate For Choosing New Career

    Since the Supreme Court of Canada ruled in Evans v. Teamsters, much has been made about the issue of mitigation.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    You Can't Have Your CERB And Damages Too

    A British Columbia Court recently ruled that an employer should deduct Canada Emergency Response Benefits (CERB) from an employee's wrongful dismissal damages.
    CanadaEmployment and HR
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    "You Can't Have Your Cake And Eat It Too": The Duty To Mitigate In Employment Agreements

    The Ontario Court of Appeal has released a decision finding that a dismissed employee did not have an obligation to mitigate damages from the loss of his employment when he had an employment agreement that stipulated what he would receive if he was dismissed without cause.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    "You Can't Have Your Cake And Eat It Too": The Duty To Mitigate In Employment Agreements

    The Ontario Court of Appeal has released a decision finding that a dismissed employee did not have an obligation to mitigate damages from the loss of his employment when he had an employment agreement that stipulated what he would receive if he was dismissed without cause.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Unjust Dismissal and the Federally Regulated Employer – Sprint Fails to Cross the Finish Line

    A lesson in the onerous burden shouldered by federally regulated employers in discharging employees was once again driven home by the recent unjust dismissal adjudication of Lancaster v. Sprint Canada, the telephone service provider.
    CanadaGovernment, Public Sector
    McMillan LLP
    McMillan LLP
  • Article

    SCC Monitor (18/03/2015)

    Since our last post, the Supreme Court sat during the weeks of February 23 and March 16, 2015 and heard a few important appeals to take note of.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Showing 521–540 of 2191 results

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