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Litigation takes time and money. Effective legal counsel use various processes available to help clients achieve the best outcome in each case.

Employers have a management right to impose reasonable rules to govern conduct in the workplace and to discipline and discharge employees who break those rules.

In Ottawa Police Services Bd. v. Ottawa Police Assn., 2023 ONSC 6225, the Ontario Superior Court of Justice (Divisional Court) (Ont. SCJ (Div. Ct.)) quashed an arbitrator's decision...

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee. In the recent case of Hoekstra v.

It is fairly common for a written employment agreement to seek to limit an employee's termination notice to the minimum amount prescribed under employment standards legislation

In a recent decision, an Alberta court ordered the disclosure of the records and information gathered by a human resources consultant retained by the employer to investigate alleged harassment by an employee.

In its recent decision in "Allstate du Canada c. Daunais", the Court of Appeal of Québec overturned a judgment of the Superior Court of Québec.

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal – this is "after-acquired cause for dismissal".

In Aldergrove Duty Free Shop Ltd. v. MacCallum, the British Columbia Court of Appeal reinforced that frustration of contract requires extraordinary circumstances.

In the 2011 decision of Plester v. Polyone Canada Inc., an Ontario Court held that an employer did not have just cause to terminate a senior employee who committed a serious safety violation and subsequently failed to report it, in violation of company policy.

The threshold for establishing just cause for dismissal is high. Courts consider a dismissal for just cause to be tantamount to "capital punishment" in employment law.

A recent Ontario Court of Appeal ("ONCA") decision signals a pressing need for Canadian employers to review and consider updating their contractual termination...

The much-anticipated decision of the Supreme Court of Canada (SCC) in the appeal of Keays v. Honda Canada Inc. is favourable to employers.

Terminating the employment of an employee is never easy. There are many things to consider from both a practical and legal perspective.

Every job has its own peculiarities. What might be a minor shortcoming in one type of employment could be catastrophic in another.

While there are several ways to go about concluding an employment relationship, one method that is often overlooked is an agreement to mutually conclude employment.

One would think it self-evident that employees who punch a customer's employee in the face may be dismissed for just cause.