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  • Article

    Ontario, Canada Superior Court Deems Employee's Pregnancy An Important Factor In Assessing Reasonable Notice Period For Dismissal

    In Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, the Ontario Superior Court determined that an employee's pregnancy should impact the calculation of her reasonable notice period for dismissal.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario Court Awards 27 Months' Pay In Lieu Of Notice Due To "Exceptional Circumstances"

    Gregory Milwid was a 62-year-old managerial employee who had worked with IBM Canada Ltd. (IBM) for 38 years.
    CanadaEmployment and HR
    Cassels
Cassels
  • Article

    Ontario Court Finds Scouts Canada Long-Time Volunteer Wrongfully Dismissed

    Wayne Hannan, an 86-year-old volunteer Scouter, was granted declaratory relief by the Ontario Superior Court of Justice after his annual application to renew his volunteer status was denied in November...
    CanadaEmployment and HR
    Carters Professional Corporation
    Carters Professional Corporation
  • Article

    Ontario Court Increases Notice Period For Pregnant Employee

    Terminated employees have a duty to mitigate their damages. However, this may be challenging for an employee in certain circumstances
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Ontario Divisional Court Clarifies The Meaning Of A Probationary Period

    What is the meaning of a "probationary" period for an employee? This is the question the Ontario Divisional Court wrestled with in the recent case of Nagribianko v. Select Wine Merchants.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Ontario Divisional Court Confirms Employer Cannot Provide Working Notice Of Termination To Employee On Disability Leave

    One question we often get from employers is whether they can provide working notice of termination to an employee who is on an approved leave.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Ontario Human Rights Tribunal: Subjective Belief Can Trump Facts

    Chodha v. 1352866, 2016 HRTO 1241 demonstrates that human rights tribunals will consider an employer's bona fide subjective belief in deciding whether the employer has provided a reasonable explanation...
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Protecting The Administration Of Justice Vs Upholding Claims Of Confidentiality

    In early July 2024, the Toronto-Dominion Bank was ordered to produce an unredacted workplace investigation report, and the related complaints, in a wrongful dismissal claim.
    CanadaEmployment and HR
    Kane Shannon Weiler
    Kane Shannon Weiler
  • Article

    Questrade Layoffs: Understanding Your Employment Rights

    On November 29, 2024, Questrade Financial Group, one of Canada's leading online brokerage firms, announced layoffs, leaving many employees uncertain about their future.
    CanadaEmployment and HR
    Monkhouse Law
    Monkhouse Law
  • Article

    Reasonable Notice Damages For Wrongful Dismissal Cannot Be Determined Via Summary Judgment

    The decision from of the Court of Queen's Bench of Alberta in Coffey v. Nine Energy Canada Inc., 2018 ABQB 898 [Coffey], provides clarity amidst the conflicting jurisprudential landscape.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Reference Check Yo' Self! Ontario Court Dismisses Defamation Claim Against Former Employer For A Negative Reference

    Personal reference checks: that typical last step in the application process that can make or break you.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Remote Work: Lessons Learned Over The Past 5 Years

    The COVID-19 pandemic proved to be a defining moment for the working world, especially in terms of the rapid deployment of remote work across several sectors.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Right Of Action Statute-Barred Where Constructive Dismissal Linked To Workplace Injury

    In the recent Decision No. 1227/19, the Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT or the Tribunal) held that the worker's right...
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Sale Of A Business Is Not Constructive Dismissal

    Mr. Boulad was director of a hotel owned by the Westmount Hospitality Group ("Westmount") an important international hotel group.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Severance For Short Tenured Employee: The Case Of Grimaldi V. CF+D Custom Fireplace Design Inc.

    The length of an employee's service is a factor that goes into the assessment of how much notice of termination or pay in lieu of notice (ie. ‘severance') an employee is entitled to under the common law.
    CanadaEmployment and HR
    Turnpenny Milne
    Turnpenny Milne
  • Article

    She's Lovin' It! Poor Use Of Performance Plan Leads To Wrongful Dismissal

    Given Brake's approximately 20 years of service and age (62), the Court awarded her 20 months' notice, totalling $104,499.33 in damages.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Substantial Changes To Employment For Employee Returning From Maternity Leave = Significant Damage Award

    Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Summary Judgment: Approaches To Mitigation Where Judgment Is Granted Prior To The Expiry Of The Reasonable Notice Period

    It is well settled law that wrongfully dismissed employees have an obligation to take reasonable steps to mitigate their damages.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Supreme Court Of Canada Rules On The Obligations Of Québec Employers Who Receive Termination Notices From Employees

    The Supreme Court of Canada rendered an important decision for Québec employers and employees bound by contracts of employment for an indeterminate term.
    CanadaEmployment and HR
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Termination Protection For Remote Workers

    Proposed changes in Ontario would make remote workers eligible for the same ‘enhanced' notice period as in-office employees, and it would also entitle new hires to certain written information about their jobs.
    CanadaEmployment and HR
    Ius Laboris
    Ius Laboris
  • Showing 641–660 of 2191 results

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