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  • Article

    The Fund Library Publishes Samantha Prasad's "The CRA Wants A Piece Of Your Termination Pay"

    You'd think termination pay, severance packages, and other compensation for getting the so-called golden handshake from your employer ...
    CanadaEmployment and HR
    Minden Gross LLP
    Minden Gross LLP
  • Article

    The HR Space: Demotion Inappropriate Response To Poor Performance

    "Cause" for termination is a difficult standard to meet in Canada.
    CanadaEmployment and HR
    Fasken
    Fasken
Article

"The Next Element To Attack Is Fire": Employee Properly Dismissed For Threatening / Intimidating Statement

An Ontario arbitrator has upheld the discharge of a "modern day prophet" who stated, "the first element to attack is water – the next is fire".
CanadaEmployment and HR
Dentons Canada LLP
Dentons Canada LLP
  • Article

    "The Next Element To Attack Is Fire": Employee Properly Dismissed For Threatening / Intimidating Statement

    An Ontario arbitrator has upheld the discharge of a "modern day prophet" who stated, "the first element to attack is water – the next is fire" after being told that she was suspended for five days.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    The Only Good News Here Is For Lawyers – COVID Leave Triggers Constructive Dismissal

    The Ontario Superior Court has ruled that an employer that implemented a layoff during the pandemic, which was "deemed" by the Ontario...
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    The Potential Pitfalls Of Fixed-Term Employment Contracts

    On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
    CanadaEmployment and HR
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    The Supreme Court Weighs In On Suspensions And Constructive Dismissals

    Employers are often surprised to learn of the risks of constructive dismissal when suspending non-unionized employees.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    "To Assume Is To Accept As Truth Without Checking": The Cost Of Paying Lip Service To Respectful Workplace Policies

    In Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419, Wal-Mart paid a high price for failing to properly investigate an employee’s complaint.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Twitter 2.0 And Constructive Dismissal 101

    Just a month or so into his tenure at the helm of Twitter, Elon Musk has left little doubt – for both denizens of the platform and casual observers alike...
    CanadaEmployment and HR
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    University Professor Professing "I am Crazy About You" – Not Considered Sexual Harassment

    A recent decision of the British Columbia Human Rights Tribunal (the "Tribunal") held that a professor telling a subordinate employee (the "Complainant")
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Unsafe Electrician Shocked When Court Of Appeal Upheld His "For Cause" Termination

    The Ontario Court of Appeal has thankfully upheld the termination for just cause of one Jerzy Wasinski, in a decision that should encourage employers who are diligent in keeping a safe workplace.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Watch Out For Violent Viewings: A Teacher Is Fired For Showing Disturbing Video

    A Montreal high-school teacher was fired last Thursday, June 14th, after showing his class the violent crime committed and filmed by Luka Magnotta, which had leaked onto the internet.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    We (Do Not?) Have A Deal: Mutual Agreement On Essential Terms Will Make Settlement Binding

    Consider the following scenario. A business gives advance written notice of termination to one of its employees. At the same time, the business delivers to the employee a letter offering a termination package...
    CanadaEmployment and HR
    Siskinds LLP
    Siskinds LLP
  • Article

    What's An Employer To Do When Infectious Disease Emergency Leave Ends?

    With over 78% of adults in Ontario having received at least their first dose of a COVID-19 vaccine, there is much talk about the economy starting to rebound and employees returning to in-person work.
    CanadaEmployment and HR
    Siskinds LLP
    Siskinds LLP
  • Article

    What Not To Do When Conducting A Workplace Investigation

    The recent labour arbitration decision of Sterling Crane v. International Union of Operating Engineers Local 955, 2024 CanLII 46844 (AB GAA) serves as an excellent reminder...
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Workplace Investigations 101: The Workplace Investigation Is Complete — Now What?

    In our last blog, we explored what employers can expect from a workplace investigator during the "investigation" stage, up until the point where an investigative report is prepared and delivered to the employer.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Wrongful Dismissal And Mitigation: Can A Fired Worker Start His Own Business?

    The recent case of Leeming v. IBM Canada Ltd. includes a useful review of the law relating to mitigation of damages in the context of wrongful dismissal.
    CanadaEmployment and HR
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Antunes V. Limen Structures Ltd.: Lifting A Stay Pending Appeal Despite Late-Breaking Supplementary Notice Of Appeal

    The Ontario Court of Appeal's decision in Antunes v. Limen Structures Ltd. explores different aspects of appellate practice, principally surrounding stays pending appeal.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Podcast

    Lied On Resume But Sued For Wrongful Dismissal Anyway (Podcast)

    Two experienced Canadian lawyers explore the intersection of law and politics through analysis of contentious public cases. Each episode examines how courtrooms become political arenas and why courts make the decisions they do in shaping society's fundamental framework.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Ontario Court Of Appeal Denies Employee's Claim For Vested Stock Units

    In its recent decision in Preston v. Cervus Equipment Corporation, the Ontario Court of Appeal overturned the motion judge's decision and found the wrongful dismissal...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Showing 661–680 of 2191 results

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