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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.

First Canadian Appellate Court determines that Canada Emergency Response Benefits ("CERB") payments are not deductible from wrongful dismissal damages.

Recently, the Human Rights Tribunal of Ontario released a decision wherein the employer failed to meet its duty to accommodate an employee diagnosed with Attention Deficit Hyperactivity Disorder.

Mitigation issues can save an employer months of termination pay and/or gut your termination case, depending on whether you are the employer or employee...

In a recent decision, Rossman v. Canadian Solar Inc., 2019 ONCA 992, the Court of Appeal for Ontario held that a termination clause containing language aimed to "save" or "cure" the provision was insufficient ...

In Dalskog v. Crowsnest Pass Ecomuseum Trust Society, 2019 CarswellAlta 255 the Alberta Provincial Court held that if an employer was aware of an employee's limitations

Verigen v. Ensemble Travel Ltd., 2021 BCSC 1934, is the latest decision of the BC Supreme Court ("BCSC") to provide insights into the impact of COVID-19 on employment contracts and the legality of temporary layoffs.

The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements.

A recent decision from the Ontario Court of Appeal confirmed that suspending an employee without pay (i.e. an "administrative suspension"), including while the employer conducts an investigation,

Dismissing a short-term probationary employee can be a risky proposition, with expensive consequences if not done properly.

In a surprising decision, an Ontario arbitrator has decided that a picketing employee’s comment to his fellow picketers that "I should have brought a gun to shoot" a company security officer, who was nearby and overheard the comment, did not justify his dismissal.

On May 12, 2022, the Ontario Court of Appeal rendered its highly anticipated decision in the appeal of Taylor v Hanley Hospitality Inc. The lower court had considered the interaction...

Last month, BLG published a bulletin on possible defences available to employers against constructive dismissal claims in light of the Ontario Superior Court's decision in Coutinho v Ocular Health Centre Ltd.

In this case, the Plaintiff entered into an employment agreement with O.E. Canada Inc. which included, as part of his remuneration...

In Canada (Attorney General) v. Munsee-Delaware Nation, 2015 FC 366, released on March 23, 2015, the Federal Court reviewed a decision where an Adjudicator ruled he had no jurisdiction over an unjust dismissal complaint under the Canada Labour Code.

Can an employer blindly apply a clause of this kind simply because it is in the collective agreement (or in a standard form of individual employment agreement) without regard for the specific circumstances of a particular employee?

It's not news to readers of this blog that proving just cause for the dismissal of an employee is a high hurdle.