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  • Article

    The Law Helps Those Who Help Themselves: Lessons For Employers From Wilds V. 1959612 Ontario Inc.

    In the context of adversarial litigation, it is tempting to want to do your opponent no favours and to "play hardball" at every opportunity.
    CanadaEmployment and HR
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    B.C. Court Of Appeal Finds Just Cause To Terminate Manager Over Misuse Of Company Property

    The British Columbia Court of Appeal allowed the appeal of a wrongful dismissal case on the basis that the trial judge erred in characterizing the dishonest conduct of an employee.
    CanadaEmployment and HR
    Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
  • Article

    Reasonable Notice And The Older Worker

    There was once an expectation that workers would retire by age 65.
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Supreme Court Handcuffs Federal Employers: Just Cause Required To Terminate Employees

    The Supreme Court of Canada released its much-anticipated decision in Wilson v. Atomic Energy of Canada Ltd.
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    The HR Space: Can Complaints About Management Provide Cause for Dismissal?

    In recent years there seems to have been an increase in the frequency with which employees directly or publicly challenge their supervisors or senior management. Perhaps this is due to an increased awareness of their actual or perceived rights.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The Resignation Trap: Avoiding Unwanted Consequences When An Employee Resigns

    It may be assumed that when an employee says "I quit" or walks into his employer's office, hands in his keys and says "I'm done" the employer can accept the employee's resignation and move on with replacing the employee.
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Wrongful Dismissal Damages – Are CERB, EI, STD, LTD And Other Government Benefits Deductible?

    After an employee has been terminated from their employment, there are a variety of benefits they may be eligible to receive, depending upon their circumstances.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Bond: Training Bond

    If a probationary period is longer than three months, the normal notice and severance provisions of the Employment Standards Act apply.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Alberta Decision Holds Workplace Mask Requirement Does Not Amount To Constructive Dismissal

    In a recent decision, Benke v Loblaw Companies Ltd., 2022 ABQB 461 ("Benke"), the Alberta Court of Queen's Bench (the "Court") dismissed a constructive dismissal claim brought by...
    CanadaEmployment and HR
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    BC Court Reduces Wrongful Dismissal Damages Finding That CERB Payments Are To Be Considered Mitigation Income

    Mr. Hogan brought an action for wrongful dismissal against his former employer of over twenty years, an auto dealership.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Can The Canada Industrial Relations Board Consider An Unjust Dismissal Complaint That Raises Allegations Of Human Rights?

    In a recent Federal Court of Appeal (the "FCA") decision, Kaseke v The Toronto-Dominion Bank, 2025 FCA 8, the FCA reaffirmed the jurisdictional lines between the Canadian Industrial Relations Board (the "Board")...
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Court Awards Short Service Employee Six Months' Notice Due To "Inducement Factor"

    In wrongful dismissal matters, the court's determination of reasonable notice is based on a holistic analysis of the affected employee's unique circumstances.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Court Weighs In On Constructive Dismissals And Layoff During COVID-19 Pandemic

    Early in the COVID-19 pandemic many employers were forced to reduce their workforces (often by placing employees on layoff) due to closures or declines in business because of the public health emergency.
    CanadaEmployment and HR
    Siskinds LLP
    Siskinds LLP
  • Article

    Covert Video Surveillance Overturns Wrongful Dismissal Case

    In a preliminary award, an Ontario arbitrator allowed covert video surveillance footage to be used as evidence in a wrongful dismissal grievance.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Employer Loses Wrongful Dismissal Case After Court Finds Safety Rules Unclear

    The employee worked at a solid waste facility in the Yukon.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employment Termination Clause Upheld: Ontario Court Of Appeal Favours Employer

    In Bertsch v. Datastealth Inc., 2025 ONCA 379, the Ontario Court of Appeal delivered an employer-friendly decision in upholding a termination clause in an employment agreement...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Expiry Of Maximum Layoff Period Without Cause Termination: CERB Deducted From Damages

    Angelo Luna Nicolas was a long­-service employee at the Pan Pacific Hotel Vancouver, working as a house-person for 32 years with the hotel. He
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Federal Employees Protected Against Without Cause Dismissal -Wilson v. AECL | The HR Space

    This approach to the "unjust dismissal" provisions in Part III of the Canada Labour Code is in line with that taken by some adjudicators in the past.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Fired Employees Who Take Company Documents Risk Serious Legal Woes

    In employment law, the line between right and wrong is occasionally blurred, especially when it comes to possession of confidential documents.
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    Getting Back Together With An Ex: Constructive Dismissal And Offers Of Re-Employment

    In the recently released Ontario Superior Court of Justice decision, Gent v. Strone Inc., 2019 ONSC 155, the Court reaffirmed that an employee's duty to mitigate
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Showing 681–700 of 2191 results

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