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  • Article

    One Strike And You're Out: Employer's Just Cause Dismissal Upheld

    The employee, Ms. Steel ("Steel"), made a summary judgment application to the Supreme Court of British Columbia ("BCSC") for damages for wrongful dismissal from her employment...
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Quebec Law Limits Personal Liability For Administrators & Officers In Wrongful Dismissal Actions

    In Quebec, actions for dismissal without just and sufficient cause against administrators and officers of a corporation can be set aside.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
Article

Restructuring Tools To Minimize The Risk Of Successful Constructive Dismissal Claims

A recent Ontario Superior Court of Justice decision reminds us that a finding of constructive dismissal by a court, does not always result in an award of damages.
CanadaEmployment and HR
Gowling WLG
Gowling WLG
  • Article

    Risk In Use Of An ESA Termination Clause?

    It is relatively common for Canadian employers to use an "ESA termination clause" in their employment agreements.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Secretly Recording Workplace Conversations Can Result In Termination

    In recent years, there has been an increase in the prevalence of employees secretly recording conversations in the workplace.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Supervisor’s Violation Of Lockout "Cardinal Rule" Did Not Justify Dismissal: Appeal Court

    The Ontario Court of Appeal has upheld a trial judge’s decision that an employee’s violation of a lockout rule was not just cause for dismissal.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Supreme Court Of Canada Denies Leave To Appeal In Battiston: Notice Of Termination Provisions In Stock Award Agreement Upheld

    In a welcome decision for employers, the Supreme Court of Canada recently denied leave to appeal of the Ontario Court of Appeal's decision in Battiston v. Microsoft Canada Inc., 2021 ONCA 727 ("Battiston").
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Termination Clauses: A Cautionary Tale

    Anyone involved in the human resources side of management will be familiar with the concept of notice periods for terminated employees, and how they are calculated.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    The Hidden Perils Of Resignation Letters – When Getting It In Writing Just Isn't Enough

    More often than not, a resignation letter from a valued employee will be as welcomed by employers and human resources professionals alike as a skunk at a company picnic.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    The Summertime Blues: It May Cost More To Dismiss An Employee In June

    In yet another summary judgment wrongful dismissal ruling, the Ontario Court of Justice has determined that the time of year when a dismissal occurs, may result in a greater notice period.
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    The Superior Court Of Quebec Grants Punitive Damages Of $300,000 In Constructive Dismissal Case

    In Quebec, Section 1621 of the Civil Code of Quebec allows for punitive damages to be awarded where it is permitted by law and states a non-exhaustive list of criteria to be considered when evaluating the amount.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Up And Atom: Victory For Federally Regulated Employers As Court Okays Without Cause Dismissals

    For decades, adjudicators appointed under the Canada Labour Code to consider unjust dismissal complaints under section 240 have differed on whether the statute permits federally regulated employers to dismiss employees without cause, absent a lay off due to a "lack of work" or the "discontinuance of a function".
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    When Does An Enforceable Termination Of Employment Provision Become Unenforceable?

    Mr. Waksdale had been employed by Swegon for eight months when he was dismissed without cause.
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Workplace Investigations In Alberta - When & How To Conduct

    Employers in Alberta are not legally required to conduct investigations of allegations of misconduct against employees.
    CanadaEmployment and HR
    Osuji & Smith
    Osuji & Smith
  • Article

    "Your Ugly Face": Employer's Condescending, Aggressive, Hostile And Profane Behaviour In One Meeting Resulted In Constructive Dismissal. Nurse Awarded 24 Months In Damages

    The Ontario Court of Appeal has upheld a 24-month damage award to a long-service nurse in a doctor's office who believed that she had been fired during a hostile meeting with her employer.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Can Employment Lawyers Request Notice Periods At Trial In Excess Of What Was Pleaded?

    Can Courts award larger notice periods than what was originally requested in the pleadings? The Ontario Court of Appeal's recent decision of Lynch v. Avaya Canada Corporation, 2023 ONCA 696...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Court Considers COVID-19 Impact On The Common Law Reasonable Notice Analysis

    In its recent decision in Yee v. Hudson's Bay Company, the Ontario Superior Court of Justice considered the effect of the COVID-19 pandemic on the reasonable ...
    CanadaCoronavirus (COVID-19)
    Torys
    Torys
  • Article

    $55,000 Punitive And Moral Damages Award Underscores Importance Of Proper Termination Practices

    The Ontario Superior Court issued a stern warning to employers on the consequences of failing to treat employees fairly when terminating employment. In Pohl v Hudson's Bay Company, 2022 ONSC 5230...
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Alberta, Canada Court Holds Senior Executive Personally Liable To Employer

    In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King's Bench of Alberta dismissed the claim of a President and CEO...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Altering Outdated Job Description & Constructive Dismissal

    In the course of 20 years, the organization and technological infrastructure of a company is bound to undergo significant changes.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Showing 581–600 of 2191 results

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