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  • Article

    Employee Constructively Dismissed Due To Harassment By His Coworkers

    The Ontario Superior Court of Justice has held that an employee was constructively dismissed from his employment after he endured months of harassment by his coworkers.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Employee In Québec Did Not Deserve The Sack (Santa's Sack)

    On September 25th, 2015, the Québec Labour Relations Board rendered a decision on an unjust dismissal complaint filed against a Québec-based employer (Azzaoui v Nautilus Plus, 2015 QCCRT 0490).
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
Article

Employer Beware: Fixed-Term Contracts And For Cause Dismissals

In the recent decision of Lefebvre v Gisborne Holdings Ltd., 2023 BCSC 2231, the BC Supreme Court (The Court) found that Gisborne Holdings Ltd. (the Employer)...
CanadaEmployment and HR
Lawson Lundell LLP
Lawson Lundell LLP
  • Article

    Employer Comments Increase Damages

    The defendant Ivanov, a licensed real estate agent, dismissed the plaintiff Slepenkova from her position as a real estate sales person when the plaintiff refused to amend her employment agreement.
    CanadaEmployment and HR
    DLA Piper
    DLA Piper
  • Article

    Employers, Take Caution With Just Cause

    In the recent BC Supreme Court judgment of Lefebvre v. Gisborne Holdings Ltd., 2023 BCSC 2231 ("Lefebvre"), the Court reaffirmed the need for employers to exercise caution when considering just cause termination...
    CanadaEmployment and HR
    Miller Titerle + Company
    Miller Titerle + Company
  • Article

    ESA Termination Clause Enforced-Leave To Appeal Denied By Our Highest Court In Oudin

    On June 29, 2016 CCP blogged about the Ontario Court of Appeal decision in Oudin v. Centre Francophone de Toronto where a termination provision was upheld...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Even At Age 75, A Terminated Employee's Duty To Mitigate Damages Still Applies

    In a recent decision the Superior Court of Quebec refused to award a termination indemnity to a 75-year-old employee due to his failure to mitigate his damages following the cessation of his employment.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Featured Case: Doyle v Zochem Et Al. 2016 ONSC 3188

    Martin Smith, the managing partner of the Ottawa office of McCague Borlack LLP, with the able assistance of Desneiges Mitchell and Rachel Leck, associates, successfully reduced a multimillion-dollar wrongful dismissal claim brought by a terminated plaintiff.
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Fixed Term Contract Strikes Again: Court Awards $1.27 Million To Employee For Dismissal During The Term

    Fixed term employment contracts can be useful. Employers can hire an employee for a specific period of time (like a maternity leave) or for a project with a set end date.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Harassment Is Not A Tort – Good News For Employers

    On March 15, 2019, the Ontario Court of Appeal released its decision in Merrifield v. The Attorney General of Canada. The Court's decision is an important, and welcome, finding for employers.
    CanadaEmployment and HR
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    How Much Misconduct Must An Employer Tolerate Prior To Dismissing An Employee For Cause?

    Unfortunately, there is no easy answer to this frequently posed question.
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    "I Shouldn't Be Telling You This, But…" – BC Judge Finds That Breaches Of Confidentiality Can Give Rise To Just Cause Dismissal

    In a recent decision, the British Colombia Supreme Court upheld the dismissal of a long-service employee following a series of confidentiality breaches.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Is It Really Easier To Dismiss An Employee During His Or Her Probationary Period?

    BC Supreme Court confirms the lower threshold for dismissing an employee without notice during their probationary period.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Is This The Definitive Word On Termination Provisions/Consideration?

    A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn't, make a termination provision enforceable.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Kicked To The CERB: Judge Overturns Wrongful Dismissal Damage Award That Failed To Deduct CERB Payments

    Recently, the Supreme Court of British Columbia decided another case that considered the impact of the Canada Emergency Response Benefit on wrongful dismissal damage awards.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Labour Arbitrator Upholds Employee Termination After Surreptitious Interference With Employer's Virtual File Storage

    Throughout both the employer's investigation and the grievance arbitration, the grievor denied all culpability.
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Make Whole Remedies And Good Faith Crucial To Mitigation

    A recent decision of the BC Court of Appeal provides a cautionary tale for BC employers seeking to remedy a potential wrongful dismissal.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Miscarriage Is A Disability

    In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a "disability".
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Mitigation Following Termination Of Employment: A Cautionary Tale

    Absent a contractual term to the contrary, an employee who has been terminated from employment has a "duty to mitigate" and search for alternative employment.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    MORNINGSTAR LIGHTS THE WAY-WSIAT Rules No Right to Sue Employer for Constructive Dismissal Related to Workplace Harassment!

    A landmark decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT), Decision No. 1227/19, has taken away Judith Morningstar's
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Showing 621–640 of 2191 results

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