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  • Article

    "Don’t Worry About Me, I Carry Weapons": Employee’s Violent Statements Warranted Serious Discipline But Not Dismissal

    An electrician’s comment, "Don’t worry about me, I carry weapons" and "it would really feel good to kill something today" constituted workplace violence but did not warrant dismissal.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employee's $76,000 Claim For Vested Stock Units Barred By Wrongful Dismissal Settlement And Release

    Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal's recent decision in Preston v. Cervus Equipment Corporation.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Employee Not Constructively Dismissed When Placed On Leave Of Absence For Violating Mandatory Vaccination Policy Says BC Court

    In a welcomed decision for employers, the Supreme Court of British Columbia has ruled that placing a worker on an unpaid leave of absence for failing to comply with a mandatory vaccination policy...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Employee’s Failure To Provide Medical Documentation Must Be Considered In Context: Ontario Court Of Appeal

    If an employee fails to provide medical documentation in a timely manner, any discipline imposed must take into account the entire context, including the employee’s length of service.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employer's Egregious Conduct In The Course Of A Dismissal Attracts Both Moral Damages And Human Rights Damages

    The Court of Appeal for Ontario has recently issued a decision that should serve as a stark reminder to employers to treat employees respectfully and in good faith throughout the termination process.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Employers Appealing EI Decisions: Do So At Your Own Risk

    Many employers find themselves in a difficult position when they are advised by Service Canada that an employee they terminated for just cause has applied, and been approved, for Employment Insurance ("EI") benefits.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Employers Beware: The Implications Of The Waksdale Decision On Termination Clauses

    A recent decision out of the Ontario Court of Appeal, Waksdale v. Swegon North America Inc., 2020 ONCA 391, casts some doubt on the protections afforded by termination clauses contained...
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Frustrating Frustration

    Does an unpredictable event that temporarily eliminates an employer's business amount to frustration of the employment contract? The British Columbia Court of Appeal's decision...
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Getting Into A Fix - Court Of Appeal Awards 37 Months Of Compensation To Employee On Fixed-Term Contract

    Fixed-term employment contracts often seem like a valuable tool for employers.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Honesty Is The Best Policy - Court Of Appeal Upholds Dishonest Employee's Dismissal For Just Cause

    Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of money to departing employees who have been caught lying...
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    IFW April Newsletter – BC's Court Of Appeal Upholds For-Cause Termination Of Senior Executive Who Falsified $250.00 In Expenses

    British Columbia's Court of Appeal upholds for-cause termination of senior executive who falsified $250.00 in expenses
    CanadaEmployment and HR
    Israel Foulon Wong
    Israel Foulon Wong
  • Article

    Improper Comments On Social Networks: A Serious Cause Justifying Dismissal?

    In such circumstances, the onus is on the employer to demonstrate that the employee was terminated for serious motives.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Just Cause For Termination Of Employment: Can The Pendulum Swing Any Further?"

    The recent case of Fernandes v. Peel Educational & Tutorial Services Limited provides a useful insight into an issue which has had employers gnashing their teeth for years.
    CanadaEmployment and HR
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Labour & Employment Law Highlights From 2016

    Labour and employment law had some interesting developments in 2016. What follows are a few highlights from the last year and an introduction to an issue that may attract significant attention in 2017.
    CanadaEmployment and HR
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Maternity Leave Was No Reason To Reduce Bonus

    Manulife also advised Ms. Sowden that her bonus was capped at 135% of base salary.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Not-So-Breaking News: You May Not Contract Out Of The Employment Standards Act, 2000

    In a previous blog, I discussed recent cases discussing the enforceability of termination clauses in employment agreements. In Ariss v. NORR Limited Architects & Engineers, 2019 ONCA 449,
    CanadaEmployment and HR
    Siskinds LLP
    Siskinds LLP
  • Article

    Notice Of Termination Pending Sale Of Business Inadequate Says BC Court Of Appeal

    When does notice of termination actually occur when there is a sale of business?
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Occupational Health And Safety Tips For Restarting Your BC Business

    Phase 2 means certain businesses that were shuttered as a consequence of the orders or guidance of the Provincial Health Officer can now reopen ...
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    Ontario Court Confirms That Unwanted Management Is Not A Constructive Dismissal

    An increasingly common theme in wrongful dismissal actions are employee claims that an employer's allegedly heavy-handed and insensitive management constitutes a constructive dismissal.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Ontario Court Grants Employer's Motion To Dismiss Wrongful Dismissal Claim; Upholds ESA-Only Termination Provision

    In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the Ontario Superior Court was asked to dismiss a claim for wrongful dismissal as disclosing no tenable cause of action...
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Showing 881–900 of 2191 results

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