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  • Article

    Trumped-Up Resignation Does Not Create Interruption In Service, Says Ontario Court Of Appeal

    The Ontario Court of Appeal recently held that an employee's "resignation" and immediate re-hiring under a new employment contract does not serve to void prior years of accrued service.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    "Uncommon" Employers – Corporate Structure vs Employment Obligations

    When an employer terminates an employee without just cause in Ontario, it must either provide reasonable notice of the termination, or payment in lieu of notice.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
Article

What To Expect When You Expect To Retire, But Change Your Mind

The employee worked as an auto glass installer from 2000 until 2012 when he left work for rotator cuff surgery.
CanadaEmployment and HR
Stewart McKelvey
Stewart McKelvey
  • Article

    Workplace Sexual Harassment Is Not An Independent Tort In Ontario

    Many employees have been troubled to hear that sexual harassment is not an independent tort in Ontario. Recently, in Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 ("Incognito")...
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Impact Of COVID-19 On The Reasonable Notice Period

    In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship...
    CanadaCoronavirus (COVID-19)
    Cox & Palmer
    Cox & Palmer
  • Article

    Ontario Court Flips The Script: Finds COVID-19 Layoffs Are Not Constructive Dismissals At Common Law

    On March 27, 2020, the employee was temporarily laid off from her employment at a restaurant.
    CanadaCoronavirus (COVID-19)
    Fasken
    Fasken
  • Article

    The Clock Is Ticking: The Expiration Of The Deemed Infectious Disease Emergency Leave And Next Steps For Ontario Employers

    On July 24, 2020, the Ontario state of emergency quietly ended with the passing of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the "Act").
    CanadaCoronavirus (COVID-19)
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    12 Months’ Pay In Lieu Of Notice Required For A Terminated 19 Month Employee

    The Ontario Superior Court of Justice recently undermined the established practice of determining damages for wrongful dismissal.
    CanadaEmployment and HR
     Blumberg Segal LLP
     Blumberg Segal LLP
  • Article

    36-Year Employee Properly Dismissed For "Unprovoked Momentary Outburst" With Knife

    A 57 year old employee with 36 years of service was properly fired for one incident in which he cut another employee with a knife, a labour arbitrator has decided.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    A Definitive Ruling On The Issue Of Without Cause Terminations Under The Canada Labour Code

    The Federal Court of Appeal has recently confirmed that without cause dismissals are not automatically deemed to be "unjust" under the provisions of the Canada Labour Code.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Addiction In The Workplace: Accommodation Or Termination?

    There has been a consensus among Ontario arbitrators that where a worker's misconduct is connected directly to a disability such as addiction, then termination is not appropriate...
    CanadaEmployment and HR
    Jewitt McLuckie & Associates
    Jewitt McLuckie & Associates
  • Article

    Administrative Suspension Can Constitute Constructive Dismissal

    On March 6, 2015, the Supreme Court of Canada (SCC) released its decision in Potter v. New Brunswick Legal Aid Services Commission...
    CanadaEmployment and HR
    Torys
    Torys
  • Article

    "And One More Thing…": Court Finds That Adding To A Person’s Job Duties May Be A Constructive Dismissal

    When one hears "constructive dismissal", one typically thinks of situations such as reducing an employee's salary or benefits or taking away an employee's job responsibilities.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    BC Court Of Appeal Overturns Trial Judge's Aggravating Aggravated Damages Award

    We can virtually guarantee you that a plaintiff's wrongful dismissal claim WILL allege that the employee is entitled to aggravated damages.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Boss’s "Stern Talk", "No Nonsense" Style Did Not Cause Constructive Dismissal

    An Ontario judge has decided that an employee who resigned due to her boss’s stern talk and businesslike management style was not constructively dismissed.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "But I Didn't Even Fire You!" Intention To Terminate Not Determinative Where Employer Prevents Employee From Performing Job Duties

    In Thompson v. Cardel Homes Limited Partnership, 2014 ABCA 242, the Alberta Court of Appeal Confirmed that preventing an employee from working during a purported "working notice" period can constitute constructive dismissal
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Can I Fire An Employee For Breaking Our Policy?

    Many employers establish policies that they expect their employees to follow, but a policy is not likely to be followed if there are no consequences for an employee who chooses not to do so.
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    "Cardinal Rule" Safety Violation Warranted 6-Month Suspension, Last-Chance Order

    A millwright who violated his employer’s "Cardinal Rules" by committing a lock-out violation, deserved a six-month suspension and with a last-chance stipulation, an arbitrator has held.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Case Law Update: Evans v Avalon Ford Sales (1996) Limited

    Earlier this year, the Newfoundland and Labrador Court of Appeal unanimously upheld the decision of the Trial Division in Evans v Avalon Ford Sales (1996) Limited.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Certification Application Dismissed By ALRB For Union Misrepresentation

    The Alberta Labour Relations Board has issued a significant ruling emphasizing that unions must maintain complete accuracy and honesty when filing certification applications, particularly regarding employee support evidence.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Showing 861–880 of 2191 results

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