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  • Article

    Verbal References: The Truth Shall Set You Free

    Some employers are wary about providing references for former employees, fearing a defamation lawsuit.
    CanadaLitigation, Mediation & Arbitration
    Siskinds LLP
    Siskinds LLP
  • Article

    A Word Of Caution For Employers: Unauthorized Deductions From An Employee's Wages May Amount To Constructive Dismissal

    In Rothberger, the plaintiff worked for the defendant as a seasonal excavator operator from 2001 to 2012.
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
Article

Reprisal And Employment Termination In Alberta

Employees in Alberta have an inherent right to speak up against or report workplace issue, such as harassment, discrimination, health and safety violation.
CanadaEmployment and HR
Osuji & Smith
Osuji & Smith
  • Article

    Review Employment Contracts Regularly Or Risk Incurring Extra Costs

    Too often, employers are surprised when their "perfectly drafted" employment contracts become obsolete at critical moments, resulting in unexpected costs or even legal disputes.
    CanadaEmployment and HR
    Hum Law Firm
    Hum Law Firm
  • Article

    Shareholders' Agreements Govern Employee Share Rights On Termination

    The Ontario Court of Appeal confirmed in Mikelsteins v. Morrison Hershfield Limited1 that the terms of a shareholders'
    CanadaEmployment and HR
    Torys
    Torys
  • Article

    The Supreme Court Of Canada Rules On The Immunity Of International Organizations And The Management Of Its Employees

    On November 29, 2013, the Supreme Court of Canada rendered its decision in "Amaratunga v. Northwest Atlantic Fisheries Organization".
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    A Risky Insistence: Why An Employer Should Exercise Caution When Including A Non-Compete Clause

    The inclusion of a non-compete clause may appear to provide employers with peace of mind without any potential draw backs.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    British Columbia Supreme Court Rules On Reasonable Notice When An Employee Is Terminated Before Their First Day Of Work

    In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff's employment before he commenced work.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Compliance With The Temporary Layoff Provisions Of The ESA Does Not Insulate Employers From Constructive Dismissal Claims

    The Ontario Employment Standards Act, 2000 provides that a temporary layoff will not trigger a termination of employment resulting in the obligation to pay termination pay if the layoff does not exceed 13 weeks in a period...
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Constructive Dismissal Unmasked As Resignation: Alberta Court Finds Employee Resigned After Refusing To Comply With Mask Policy

    In August 2020, Loblaw Companies Limited ("Loblaw"), like many businesses at that time, mandated the wearing of face masks in its stores in an effort to mitigate the transmission...
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Employee's Failure To Disclose Medical Marijuana Use A Factor In Establishing Just Cause For Dismissal

    A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Employee's "Theory" That He Was Dismissed For Questioning His Employer's Safety Systems Was Just A Theory And Was Not Evidence

    A judge in a recent wrongful dismissal action dismissed the plaintiff's allegation that he was dismissed after making suggestions about improvements to the employer's safety systems.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employers: Stop Using Offer Letters

    It is common practice for many employers to provide new hires with an initial offer letter setting out only a summary of certain key terms followed by a more detailed employment agreement...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Ghomeshi Claim Faces Significant Challenges

    The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public’s attention in recent days for many reasons.
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Human Rights Claims After Termination Of Employment: A Valid Release Puts The Past In The Past

    Signing a release – or requiring an employee to sign one – should never be taken lightly. Nearly 25 years ago, the Alberta courts clarified that while an employee cannot contract out of their human rights...
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Long-Term Supervisor Of Furniture Chain Gets Too Comfy And Is Fired For Cause

    The Ontario Superior Court of Justice (the "Court") in Savarie v. Leon's Furniture Limited, 2022 ONSC 6116, recently upheld the "for cause" termination of a long-service managerial employee.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario, Canada Court Orders Employer To Pay Costs To Discourage Tactical Litigation That Deters Employees From Pursuing Their Rights

    In Giacomodonato v. PearTree Securities Inc., 2023 ONSC 5628, Ontario's Superior Court of Justice ordered the employer to pay to the employee the costs of the proceeding in the amount of $830,761...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Resignation, Termination, Or Repudiation? Employee's Conduct Found To Be Incompatible With Continued Employment

    In an earlier blog post, we wrote about an Ontario decision in which the defendant employer's conduct repudiated what otherwise might have been a lawful employment agreement.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Should Your Mental Health Issues Cause You Concern At Work?

    Everyone feels a little blue from time to time. But when depression or any mental illness becomes pervasive, it might interfere with every facet of life, which may include an individual's job duties.
    CanadaEmployment and HR
    Overholt Law
    Overholt Law
  • Article

    Terminating Older Employees: The Cost Has Never Been Higher

    For a variety of reasons, including shortfalls in retirement savings or job satisfaction, many employees are working well past the traditional retirement age leading to increasing numbers of older employees.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Showing 541–560 of 2191 results

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