ArticleVerbal References: The Truth Shall Set You FreeSome employers are wary about providing references for former employees, fearing a defamation lawsuit. CanadaLitigation, Mediation & ArbitrationSiskinds LLP
ArticleA Word Of Caution For Employers: Unauthorized Deductions From An Employee's Wages May Amount To Constructive DismissalIn Rothberger, the plaintiff worked for the defendant as a seasonal excavator operator from 2001 to 2012.CanadaEmployment and HRMiller Thomson
ArticleReview Employment Contracts Regularly Or Risk Incurring Extra CostsToo 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 HRHum Law Firm
ArticleShareholders' Agreements Govern Employee Share Rights On TerminationThe Ontario Court of Appeal confirmed in Mikelsteins v. Morrison Hershfield Limited1 that the terms of a shareholders' CanadaEmployment and HRTorys
ArticleThe Supreme Court Of Canada Rules On The Immunity Of International Organizations And The Management Of Its EmployeesOn November 29, 2013, the Supreme Court of Canada rendered its decision in "Amaratunga v. Northwest Atlantic Fisheries Organization".CanadaEmployment and HRStikeman Elliott LLP
ArticleA Risky Insistence: Why An Employer Should Exercise Caution When Including A Non-Compete ClauseThe inclusion of a non-compete clause may appear to provide employers with peace of mind without any potential draw backs.CanadaEmployment and HRCCPartners
ArticleBritish Columbia Supreme Court Rules On Reasonable Notice When An Employee Is Terminated Before Their First Day Of WorkIn 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 HRMcCarthy Tétrault
ArticleCompliance With The Temporary Layoff Provisions Of The ESA Does Not Insulate Employers From Constructive Dismissal ClaimsThe 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 HRBorden Ladner Gervais LLP
ArticleConstructive Dismissal Unmasked As Resignation: Alberta Court Finds Employee Resigned After Refusing To Comply With Mask PolicyIn 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 HRStikeman Elliott LLP
ArticleEmployee's Failure To Disclose Medical Marijuana Use A Factor In Establishing Just Cause For DismissalA 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 HRCox & Palmer
ArticleEmployee's "Theory" That He Was Dismissed For Questioning His Employer's Safety Systems Was Just A Theory And Was Not EvidenceA 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 HRDentons Canada LLP
ArticleEmployers: Stop Using Offer LettersIt 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 HRCassels
ArticleGhomeshi Claim Faces Significant ChallengesThe 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 HRBennett Jones LLP
ArticleHuman Rights Claims After Termination Of Employment: A Valid Release Puts The Past In The PastSigning 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 HRField Law
ArticleLong-Term Supervisor Of Furniture Chain Gets Too Comfy And Is Fired For CauseThe 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 HRFilion Wakely Thorup Angeletti LLP
ArticleOntario, Canada Court Orders Employer To Pay Costs To Discourage Tactical Litigation That Deters Employees From Pursuing Their RightsIn 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 HRLittler - Canada
ArticleResignation, Termination, Or Repudiation? Employee's Conduct Found To Be Incompatible With Continued EmploymentIn 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 HRCCPartners
ArticleShould 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 HROverholt Law
ArticleTerminating Older Employees: The Cost Has Never Been HigherFor 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 HRCCPartners