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  • Article

    Termination For Terminally Ill Employee: Frustration Of Contract Prior To Death

    An employee is diagnosed with a terminal illness. He leaves work in May due to his illness, his employer sells its business in early September, and the employee dies of his illness in mid-September.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Threatening Facebook Post Provides Grounds for Dismissal

    In the recent decision of CEP, Local 64 v Corner Brook Pulp and Paper Limited, 2013 CanLII 87573, a Newfoundland arbitrator found that comments posted on an employee’s Facebook page constituted sufficient grounds for dismissal.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
Article

Court Upholds Just Cause Termination For Nurse Who Bites

In what is one of the last Alberta labour arbitration awards to be judicially reviewed by the Alberta Court of Queen's Bench (the "Court"), the just cause dismissal of a nurse for biting a patient was upheld.
CanadaLitigation, Mediation & Arbitration
McLennan Ross LLP
McLennan Ross LLP
  • Article

    Analyzing The 3 Rs (And An A) Of The Ending Of Employment: Resignation, Repudiation, ‘Rongful Dismissal…And Abandonment

    While not all employment relationships end as badly as the title of this article, they all, eventually, end
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Arguing Constructive Dismissal? Ontario Labour Relations Board Sets High Threshold For Employees

    A decision released last week from the Ontario Labour Relations Board (the "Board") has re-emphasized the high threshold required to find that the conduct of an employer amounts to constructive dismissal.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Butt-Dial Gets Moonlighting Employee In The End

    The inadvertent pocket-dial or "butt-dial" has happened to everyone. In most cases, there are no real consequences, other than a puzzled or frustrated person on the other end of the call.
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    Canada Emergency Response Benefit: To Deduct Or Not To Deduct

    The Canada Emergency Response Benefit ("CERB") provided financial support to employed and self-employed Canadians who were directly affected by COVID-19.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Court Of Appeal Holds: Senior Manager Negligent In Performing His Leadership Duties Entitled To No Indemnity In Lieu Of Prior Notice

    In the case of Garneau c. Gestion Universitas inc., 2018 QCCA 1525, the plaintiff — an actuary who held a senior management position as Chief Executive Officer (CEO) — was dismissed by his employer...
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Dated References, Building Boats, And Never Saying Sorry: Hucsko v. A.O. Smith Enterprises

    The Ontario Superior Court of Justice recently released its decision in Hucsko v. A.O. Smith Enterprises, 2020 ONSC 1346, a case that touches on various important employment law topics...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Do Courts Award Increases To Base Salary During Notice Period?

    The plaintiff was employed for 22½ years. He was terminated without cause in October 2013. Four issues were considered at a summary judgment hearing of the matter.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Employee "Termination" Under Employment Statutes Will End Employment For All Purposes

    A recent decision from the Ontario Court of Appeal1, has confirmed that employees who are entitled to termination pay under the Ontario Employment Standards Act, 20002 (the "ESA"), will also be able to claim damages for wrongful dismissal under common law.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Evidence Of Inducement Leads To Enhanced Notice Period

    The Ontario Superior Court considered both what it means to induce someone to leave their job and the implications of that inducement upon termination.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Failure To Mitigate In Ontario

    Aylsworth v Law Office of Harvey Storm, 2016 ONSC 3938 is an interesting case that further defines the boundaries of what type of job employees can reasonably reject without failing in their duty to mitigate their wrongful dismissal damages.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    From Tweets To Termination: A University Professor's Controversial Online Conduct

    In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Health And Safety Manager Dismissed For Cause For Improper Reporting And Handling Of Her Own WSIB Claim

    Last week, the Superior Court of Justice (the "Court") dismissed a wrongful dismissal claim brought by a Health, Safety, and Training Manager whose employment...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    I Take It Back! Ontario Court Of Appeal Allows Employee To Withdraw Her Resignation

    In English v Manulife Financial Corporation, the Court of Appeal overturned the motion judge's finding (previously blogged on by CCPartners here)
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Infectious Disease Emergency Leave Is Not Common Law Constructive Dismissal

    In May 2020, Ontario Regulation 228/20 was introduced to Ontario's Employment Standards Act (ESA), exempting COVID-19-related temporary hours or wage reductions from the usual layoff and constructive dismissal provisions.
    CanadaEmployment and HR
    Torys
    Torys
  • Article

    Jian Ghomeshi Firing Raises Interesting Legal Issues

    The CBC announced that information had come to its attention recently that in its judgment precluded it from continuing its employment relationship with Mr.Ghomeshi.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Layoff As Constructive Dismissal: A Cautionary Tale For Employers

    When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Litigants Need To Be Proactive And Cannot Escape The Conduct Of Their Attorneys!

    In the recent case of Mashigo & another v Sibeko & others (2012) 21 LC 1.18.2, the court refused to grant condonation for the late filing of a review application.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Showing 561–580 of 2191 results

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