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  • Article

    Amendments To The Employment Standards Act, 2000 – May 29, 2020 – Impact On Temporary Layoffs

    On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act ("ESA"). During the pandemic, many businesses were forced to close and were faced with an impossible situation.
    CanadaEmployment and HR
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Another Canadian Appellate Court Rules CERB Payments Not To Be Deducted From Wrongful Dismissal Damages

    In a recent decision, the Alberta Court of Appeal declared that any CERB (Canadian Emergency Response Benefit) payments received by an employee cannot be deducted from their wrongful dismissal damages.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Are Employers Able To Deduct STD And LTD Benefits From Employee Common Law Notice Entitlements?

    The Ontario Superior Court grappled with the question of whether an employer is entitled to deduct STD and LTD benefits from wrongful dismissal notice award damages.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Award For $1.1 Million In Damages Is Upheld

    The Ontario Court of Appeal in Ruston v. Keddco Mfg (2011) Ltd., 2019 ONCA 125
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    BC Court Of Appeal Confirms High Standard For Mental Distress Damages

    An employee who believes they have been wrongfully dismissed from their employment can seek damages in court for both the fact of their dismissal and the manner in which they were dismissed.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    BC Supreme Court Declines To Defer To Baptist Church

    The Court decided an application to hear a pastor’s wrongful dismissal claim, which may impact employers inside and outside of ecclesiastical contexts.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Breach Of Duty Of Good Faith Results In Award Of Punitive Damages And Sends Message To Employers

    A recent decision of the Ontario Superior Court saw the court award $50,000 in punitive damages to a plaintiff in a wrongful dismissal action.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Can I Form My Own Union?

    Any group of eligible workers in Ontario can form a union. If 40% of the membership signs union membership cards, the Ontario Labour Relations Board will hold a vote to determine whether the union
    CanadaEmployment and HR
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Can You Fire A Rioter? Maybe…

    As we all know by now, the U.S. Capitol was stormed by a mob of President Trump's supporters on Wednesday January 6, 2021.
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Canada Labour Code Does Not Prohibit Without Cause Terminations

    The Federal Court of Appeal in Wilson v. Atomic Energy of Canada Ltd., 2015 FCA 17 ("Atomic Energy") confirmed that federally regulated employers can dismiss non-union employees without cause.
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Constructive Dismissal: Silent Acquiescence = Acceptance

    The Alberta Court of Appeal confirmed the test for constructive dismissal and reaffirmed that the onus is on the employee to decide whether they accept the new terms of ...
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Contractual Severance: Failure To Pay Means Employer Pays More

    A recent Ontario court decision confirms the approach under Canadian law to cases where an employer fails to pay the contracted severance amounts: if the employer does not comply with the terms of the contract...
    CanadaEmployment and HR
    George Waggott Law
    George Waggott Law
  • Article

    Court Finds Employee's Job Search Efforts Fail To Satisfy Duty To Mitigate

    As a general principle, employees who have been wrongfully dismissed have a duty to mitigate their damages by taking reasonable steps to secure comparable alternative employment.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Court Of Appeal Confirms Employment Contract Frustrated By Failure To Comply With Mandatory Vaccination Requirement

    In Croke v. VuPoint Systems Ltd., the Ontario Court of Appeal upheld a motion judge's decision that an employee's failure to comply with his employer's vaccination requirements...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Court Of Appeal Reduces Punitive Damages Award In Landmark Wal-Mart Case

    The trial decision received much attention because of the unprecedented $1.46 million in damages awarded to the Plaintiff for wrongful dismissal.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Delayed Promotion Not Constructive Dismissal

    In the recent case of Penteliuk v CIBC World Markets Inc, the Ontario Superior Court held that an employee whose promised promotion was taking longer than expected was not constructively dismissed.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Dependent Contractors Awarded 26 Months' Reasonable Notice

    Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale.
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Dismissal May Be Fair When Employer Is Ignorant Or Mistaken As To The Law | The HR Space (UK Edition)

    In a recent case, the Inner House of the Court of Session ruled that a dismissal may be fair where an employer takes action against an employee which amounts to a dismissal and does so without having considered the legal consequences, or on a mistaken view of what those consequences would be.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Drinking And Driving While Off Duty? Not Always Sufficient Cause For Termination

    Previous decisions in Canada have confirmed that off-duty conduct of an employee may form the basis for termination from employment.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Déjà Vu All Over Again: Ontario Court Strikes Down Termination Language And Awards Generous Notice Period

    This has been a common theme in recent months for the Employer's Edge, but once again, an employer's contractual termination language...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Showing 601–620 of 2191 results

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