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  • Article

    WeirFoulds Employment Law Hot Takes: Return To Office, Return To Risk – Lessons From Global Affairs Canada

    Remote work was supposed to be the pandemic's one dependable souvenir. Instead, for Global Affairs Canada, it has turned into a live demonstration of how yesterday's flexibility can become today's operational migraine.
    CanadaEmployment and HR
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Best Practices For Employers Managing Dismissals In Canada: Five Key Takeaways

    Navigating employee dismissals in Canada involves understanding statutory requirements, common law principles, and human rights obligations. This guide explores the legal framework employers must follow when managing without-cause dismissals, just-cause terminations, and workforce reductions to minimize risk and ensure compliance.
    CanadaEmployment and HR
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
  • Article

    Texting For Drugs In All The Wrong Places: The Latest On After-Acquired Cause For Termination

    When an employee is terminated "without cause", but the employer then unearths misconduct which justifies a "for cause" termination, the employer can rely on the misconduct as a full defence.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Suspended Or Not? Limitation Periods In Employment Law

    On March 30, 2020, Ministerial Order 27/2020 from the Minister of Justice and Solicitor General suspended limitation periods and periods of time within which any step must be taken in any proceeding or intended proceeding.
    CanadaCoronavirus (COVID-19)
    Field Law
    Field Law
  • Article

    Beware of the One Month Per Year of Service "Rule": Part 3

    We have written a number of times regarding cases that significantly depart from the so-called one month per year of service rule of thumb.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Bonus Payments – Do They Form Part Of A Severance Package?

    Many employers have annual bonus plans which provide additional compensation to employees upon the achievement of certain objectives.
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Case Update for Styles v. Alberta Investment Management Corporation

    On June 1, 2017, the Supreme Court of Canada dismissed an application for leave to appeal of the decision of the Alberta Court of Appeal in Styles v. Alberta Investment Management Corporation.
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Changes To The Canada Labour Code

    Federally regulated employers should be aware of changes to the "Canada Labour Code" effective April 1, 2014, namely subsections 219 and 223-231 of the "Jobs and Growth Act", 2012, chapter 31 of the Statutes of Canada.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Court Of Appeal Confirms Employer Hardball Tactics Support $125K In Extraordinary Damages

    Last June CCP blogged about the risks employers face when they bring suspect counter-claims and make allegations of just cause that they can't support at a wrongful dismissal trial.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    COVID-19 Vaccination Policies: New Record Of Employment Guideline For Employers

    Employment and Social Development Canada (ESDC) recently issued a new guideline for employers targeting their employees who violate COVID-19 vaccination policies.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Dismissing An Employee In The Federal Sector? You Will Need More Than A Severance Package - British Columbia

    Our colleagues in Ontario have posted their thoughts on the matter, including the background facts to the decision and implications for federally regulated employers.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Do You Have To Accept A Lesser Position After Being Terminated?

    It is trite law to say that where an employee has been terminated from indefinite-term employment, they have an obligation to mitigate their losses.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Employee Not Entitled To Wrongful Dismissal Damages For Share Bonus (Dividend) During Notice Period, Court Of Appeal Affirms

    The Ontario Court of Appeal affirmed last week its earlier decision in Mikelsteins v. Morrison Hershfield Ltd. that a terminated employee was not entitled to share bonuses during the notice period...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Employee "Profit Sharing" Plans: Case Comment On Manastersky V Royal Bank Of Canada Et Al.

    Is an employer required to compensate a dismissed employee for lost opportunity to earn "profit sharing" during a termination notice period?
    CanadaEmployment and HR
    Torys
    Torys
  • Article

    Farwell V. Citair: "Insurmountable" Obstacle In Mitigation

    In Farwell v. Citair, Inc., the Court of Appeal makes an important point with respect to the application of the principles of mitigation in a constructive dismissal case.
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    For The First Time, Ontario Superior Court Awards Human Rights Damages

    In 2008, the Human Rights Code was amended to allow, amongst other things, civil claims for breaches of the Code.
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Further Clarification On Mitigation Earnings And Deduction From Damages

    The Michaels v. Red Deer College decision of the Supreme Court of Canada from 1976 held that employees pursuing wrongful dismissal damages have a duty to mitigate their damages.
    CanadaEmployment and HR
    Koskie Minsky LLP
    Koskie Minsky LLP
  • Article

    In Summary: Mitigation May Not Matter

    Much was made in the legal community of the Supreme Court’s ruling on summary judgment that came out in January of this year.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Incentive Plans In Alberta Can Still Limit Entitlements To "Actively Employed" Employees

    The recent Queen's Bench decision Styles v. AIMC was widely discussed given that it found an employee was entitled to LTIP awards vesting after termination despite...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Jury Awards Former Walmart Employee $1.46 Million

    On October 10, 2012 a jury awarded Meredith Boucher, $1.46 million dollars for damages for wrongful dismissal, intentional infliction of mental suffering and punitive damages.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Showing 61–80 of 2191 results

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