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  • Article

    Perspective On The Probationary Period And Termination Rights In Ontario

    Today we explore what that means from a legal perspective and how this concept affects the employer's and employee's rights on termination.
    CanadaEmployment and HR
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Post-termination Evidence Of Dishonesty Substantiates Just Cause

    Post-termination evidence of just cause for dishonesty discovered in an investigation of an employee that occurred following his termination.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
Article

Private School Teacher Termination Upheld

This past June, the Ontario Court of Appeal (the "Court of Appeal") overturned a wrongful dismissal decision from the Ontario Superior Court of Justice.
CanadaEmployment and HR
Miller Thomson
Miller Thomson
  • Article

    Procedural Fairness In Volunteer Dismissals: Lessons From Hannan v. Scouts Canada

    In a significant employment law ruling, the Ontario Superior Court of Justice in Hannan v. Scouts Canada, 2024 ONSC 5361, addressed the issue of procedural fairness in the dismissal of volunteers.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Psychological Harassment By A Client

    Employers who have employees working off site, providing services to clients on a regular basis, should take note of the case of "Hermann Cebert v. Groupe d’imprimerie Saint-Joseph Inc."
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Quebec Court Of Appeal's Analysis On Untimely Resignations And The Duty Of Loyalty Of Employees

    The Quebec Court of Appeal has established that employees who terminate their employment relationship without notice may work for a competitor without necessarily violating their duty of loyalty.
    CanadaEmployment and HR
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Quit Or Fired? It All Depends On Context… And Documentation Helps Too!

    A common argument that arises between employers and employees is one of "resignation vs dismissal". This is especially true where there has...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Requiring A Release In Exchange For Contractual Entitlements Has Serious Consequences For Employer

    The recent decision of Timmins v. Artisan Cells ("Timmins") is in line with existing case law, and represents a sobering reminder of the significant potential liability for employers...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Rescinding Job Offers Can Result In Liability For Employers

    Ending an employment relationship can be fraught with legal risks. Sometimes these risks arise even before the employee has started working for the employer.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    RN’s Harassment And Bullying Of RPNs Was "Subtle" And "Insidious": Arbitrator Refuses To Reinstate

    A labour arbitrator has refused to reinstate a discharged Registered Nurse.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Saving Provision Fails To Salvage Employer's Non-Compliant Termination Clause

    Employment agreements frequently contain saving provisions, also known as fail-safe provisions. These provisions are meant to ensure that if an employee's employment...
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Say What You Mean And Mean What You Say (And Put It In Writing)

    A recent Ontario case provides a good reminder of the importance of a clear and thorough employment contract.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Snowplow Driver Dismissed Due To Two Accidents, Not Workplace Violence "Head-Butting" Complaint

    A snowplow driver's bad driving record, not his workplace violence complaint, was the reason for his dismissal, the Ontario Labour Relations Board has decided.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Superior Force And COVID-19: Employers Are Not Relieved Of Their Obligation To Provide A Reasonable Notice Of Termination Despite The Loss Of Millions Of Dollars

    The COVID-19 pandemic has been, and continues to be, the source of many uncertainties for employers. Among other things, the characterization of the COVID-19 pandemic...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Supreme Court Of Canada Broadens The Scope Of Summary Judgment Proceedings - Will This Be A Game Changer In Wrongful Dismissal Actions

    A summary judgment is a procedure used during civil litigation to promptly and expeditiously dispose of a case without a trial or the pre-trial processes such as examinations for discovery and production of documents.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Termination Clauses And Fixed Term Contracts: Significant Court Decisions

    Two recent decisions of the Ontario Courts (in Dufault and Kopyl) serve as stark reminders that: Our courts continue to be ready and willing to find new ways to strike down termination clauses...
    CanadaEmployment and HR
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Termination For Off-Duty Conduct

    In the recent decision of Klonteig v. West Kelowna (District), 2018 BCSC 124, the BC Supreme considered when an employer could terminate the employment relationship based on off-duty conduct.
    CanadaEmployment and HR
    Integritas Workplace Law Corporation
    Integritas Workplace Law Corporation
  • Article

    Termination Of Probationary Employees Under Labour And Employment Law

    Recently, the Prince Edward Island Supreme Court in IUOE Local 942 v. Health P.E.I., 2014 PESC 31 (CanLII) heard an application by a union for judicial review.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    The Complexities Of Dependent Contractors And Restrictive Covenants

    In the recent decision of Dibble v. Creative Music Therapy Solutions Inc., 2024 BCSC 1066, the B.C. Supreme Court provided a helpful reminder...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    The Grievor Was Reinstated, Or Was He?

    In the case of International Brotherhood of Electrical Workers, Local Union 1620 v. Lower Churchill Transmission Construction Employers' Assn. Inc. (Uprichard Grievance), [2017] N.L.L.A.A. No. 4, the arbitrator was faced with a reconsideration of his earlier decision to uphold the discharge of an employee for his failure to disclose medical marijuana use.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Showing 781–800 of 2191 results

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