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  • Article

    BC Court Of Appeal Clarifies Employee'S Duty To Mitigate And Necessary Deductions For "Avoided", And "Avoidable", Loss

    In Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the British Columbia Court of Appeal addressed the treatment of replacement income in the calculation of damages for a wrongfully dismissed employee.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    BCSC Finds Off-Duty Administrative Driving Prohibition Is Not Just Cause For Dismissal Of Firefighter

    The British Columbia Supreme Court's decision in Klonteig v. West Kelowna (District), 2018 BCSC 124, offers guidance to employers about terminating an employment relationship for conduct occurring outside working hours.
    CanadaEmployment and HR
McCarthy Tétrault
McCarthy Tétrault
  • Article

    Bell Layoffs: Understanding Your Employment Rights

    In November 2024, Bell Canada initiated another round of layoffs, affecting employees across various departments. Reports from the Bell subreddit indicate that layoff notices...
    CanadaEmployment and HR
    Monkhouse Law
    Monkhouse Law
  • Article

    British Columbia Court Of Appeal Finds Canada Emergency Response Benefit Not Deductible From Wrongful Dismissal Damages

    On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Canadian Workplaces Are Full Of Joe Bidens

    Canadian workplaces are full of Joe Bidens — older employees who are past their prime, show cognitive decline, and are impossible to get rid of
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    Careful About Aiming Too High And Asking For Too Much

    After reorganizing a business, employers must take care that the terms of settlement and new employment they offer to their employees do not provide a basis for a dismissed employee to reasonably refuse to take the position in order to mitigate damages for wrongful dismissal.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    CERB Is Not Deductible From Wrongful Dismissal Damages: B.C. Court Of Appeal

    Employees who received CERB following termination of employment will no longer have those benefits deducted from any award of wrongful dismissal damages.
    CanadaEmployment and HR
    Mathews Dinsdale & Clark
    Mathews Dinsdale & Clark
  • Article

    Cocaine Addiction Not A Bar To Dismissal

    In its recently released decision of Stewart v. Elk Valley Coal Corp, 2017 SCC 30, the Supreme Court of Canada held that an employer had cause to dismiss Ian Stewart, a mine worker...
    CanadaEmployment and HR
    Integritas Workplace Law Corporation
    Integritas Workplace Law Corporation
  • Article

    Constructive Dismissal And The Reasonable Employee

    Employer began negotiating a buyout of the employee's contract. Before any deal was made, the employee went on sick leave.
    CanadaEmployment and HR
    Speigel Nichols Fox LLP
    Speigel Nichols Fox LLP
  • Article

    Constructively Dismissed? You May Have To Go Work For Your Old Boss

    The recently released Ontario Superior Court of Justice decision, Gent v Strone Inc. reiterates the importance of an employee's duty to mitigate damages by accepting an offer of re-employment from his or her former...
    CanadaEmployment and HR
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    Court Of Appeal Confirms: Reasonable Notice Is Capped At 24 Months, Absent Exceptional Circumstances

    Employers can breathe easy once again knowing that common law reasonable notice is still capped at 24 months, absent exceptional circumstances.
    CanadaEmployment and HR
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Court Of Appeal To Revisit Employee's Right To Wrongful Dismissal Damages Regarding Shareholdings

    Canada's highest court has recently remanded a case back to the Ontario Court of Appeal for disposition dealing with an employee's entitlement to damages relating to his ...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Court Of Appeal Upholds Termination Of 30-Year Manager For Single Event Of Sexually Inappropriate Contact

    In a recent decision, the Ontario Court of Appeal upheld the termination for cause of a manager with 30 years of service for smacking a female co-worker's buttocks.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Court Puts Bankers On Notice: "Exceptional" Integrity And Honesty Required

    After a three-week trial, the Ontario Superior Court has held that the Royal Bank of Canada had after-acquired cause to terminate a senior banker, Aidan Mittra...
    CanadaEmployment and HR
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Court Rejects Employee's Obligation To Accept New Employment With Strings Attached, Awards 26 Months' Notice

    In a recent decision of the Ontario Superior Court of Justice, two plaintiffs were each awarded wrongful dismissal damages in the amount of 26 months reasonable notice.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    COVID-19 Cases: The Consequences Of Improperly Applying Company Policies

    The Court found that WestJet (the "Defendant") unreasonably applied its vaccination policy to proceed with a just cause termination of an unvaccinated worker
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Deemed Infectious Disease Emergency Leave Not A Bar To Common Law Constructive Dismissal Claims In Ontario

    In what may be the first of many COVID-19 related constructive dismissal claims in Ontario, the Superior Court of Justice determined that employees deemed to be on infectious disease...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Demoted Long Service Employee Receives 28 Month Notice Period And Aggravated Damages

    In a recent decision, an employee was awarded 28 months of reasonable notice upon his constrictive dismissal.
    CanadaEmployment and HR
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Dismissed Employee Failed To Mitigate By Choosing Retraining Over Applying For Comparable Re-Employment

    In Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice reviewed the law surrounding an employee's duty to mitigate their common law reasonable notice damages arising from wrongful dismissal.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Employee Dismissals Cancelled Due To Employer's Incomplete Investigation

    In the recent decision involving Services Entretien d'édifices Allied Inc., the Labour Relations Board of Quebec cancelled the terminations imposed on five maintenance employees for theft and reserved its jurisdiction to determine the appropriate remedy and damages.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Showing 721–740 of 2191 results

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