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  • Article

    Ignore Workplace Complaints At Your Own Peril: Employer Pays Dearly For Supervisor's Abuse In Constructive Dismissal Claim

    We often use this space to highlight what employers should do. However, this week's blog is about as clear-cut an example of what not to do as an employer as you might ever find.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Recent Alberta Court Of Queen's Bench Decision Finds That Grievance Process Communications Are Privileged

    A grievance process is designed to promptly resolve workplace disputes by encouraging a frank and open dialogue between the parties.
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    T.T.See Ya Later! Arbitrator Upholds Termination Of Fare Collector For Uttering Threats

    A long-term Toronto Transit Commission employee who was fired for uttering death threats has lost his bid for reinstatement.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Working Notice: How To Ensure It Is Effective

    Recently, two British Columbia court cases considered the effect of an employee refusing to work after a period of working notice was provided by the employer.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Alberta Court Of Appeal Confirms That CERB Payments Are Not Deductible From Wrongful Dismissal Damages

    The Alberta Court of Appeal ("ABCA") has determined that payments received under the Canada Emergency Response Benefit ("CERB")
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Alberta Court Upholds "4-Week" Termination Clause

    In Lawton v Syndicated Services Inc., the Provincial Court of Alberta upheld a termination clause in an employment contract that limited the employee's notice period to just four weeks.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Arbitrator Finds Mandatory Vaccination Policy Reasonable And Upholds Dismissal Of Unvaccinated Employees

    In Lakeridge Health and CUPE, Local 6364, a matter of Policy and Individual Grievances concerning a Mandatory Vaccination Policy and Terminations, the Union grieved the Hospital's mandatory vaccination policy...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Case Comment: Can An Employer Cancel A Termination?

    In November 2008 an outside sales representative, with 29-years' service ("the plaintiff") was advised she was being removed from her position. She was given the option of two alternate positions (an inside sales position and an accounts receivable position) at less pay.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Class Action For Pandemic-Related Job Losses In Canada

    The British Columbia Supreme Court in Canada has ruled that former employees terminated as a result of the COVID-19 pandemic can bring a class action against the hotel that employed them.
    CanadaEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Confidentiality And Misconduct Considerations Related To Employee Workplace Recordings

    In Hart v. Parrish & Heimbecker, Limited [2017] MBQB 68 (Hart), the trial judge considered an employee's secret recordings with senior management in the context of a wrongful dismissal action
    CanadaEmployment and HR
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Court Of Appeal Weighs In On Enforceability Of Termination Clause With Mixed Results For Employers

    There have been a number of court decisions in recent years which have found termination provisions in employment agreements to be unenforceable because those provisions failed to refer to severance requirements or the continuation of benefits.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    December 12, 2006: Mandatory Retirement Will Be Illegal In Ontario

    The "Ending Mandatory Retirement Statute Law Amendment Act, 2005", also known as Ontario Bill 211, received Royal Assent on December 12, 2005. After the one-year phase-in period, mandatory retirement will become illegal in Ontario on December 12, 2006.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employment Law Tracker - September 2018

    Filion Wakely Thorup Angeletti are pleased to present you with the most recent employment law updates for September 2018.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Federal Court Of Appeal Decision Overturns Longstanding Views About "Unjust Dismissal" Under The Canada Labour Code

    In a decision last month in Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17, the Federal Court of Appeal dealt with an employee covered by the Canada Labour Code who had been terminated without cause, but who had been offered reasonable severance pay.
    CanadaEmployment and HR
    DLA Piper
    DLA Piper
  • Article

    Federal Unjust Dismissal Process: Is An Evidentiary Hearing Required In "Without Cause" Cases?

    The Court of Appeal's decision in Wilson was a positive development for federally regulated employers because it reduced the burden placed on those employers when terminating certain employees.
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    Former Zellers Employees' Complaints For Unjust Dismissal Inadmissible In Quebec

    The Quebec Labour Standards Commission has found that simply acquiring leasehold interests does not necessarily mean the acquiring company is a successor employer.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    How A Corporate Reorganization Can End Up Being A Constructive Dismissal Lawsuit

    With Damocles’ sword of constructive dismissal lawsuits looming over employers who wish to reassign staff, even a minor misstep can prove costly.
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    How A Respectful Workplace Can Reduce The Risk Of A Successful Constructive Dismissal Claim

    Generally, when employees decide to leave their jobs, they are considered to have resigned.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    "I Guess I'd Have To Kill You" Remark Could Not Reasonably Have Been Interpreted As A "Viable Threat": Fired Worker Entitled To ESA Termination Pay

    A worker's comment that "I guess I'd have to kill you" was clearly inappropriate but did not constitute wilful misconduct under the Ontario Employment Standards Act...
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Judge Chides Employer That Countersued Against Employee For Making Allegedly "False" Safety Complaint To Ministry Of Labour

    Courts should discourage employers from suing employees for making safety complaints to the Ministry of Labour, an Ontario Small Claims Court deputy judge has stated.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Showing 821–840 of 2191 results

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