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  • 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 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
  • Article

    Ontario Court Of Appeal Upholds Extraordinary Award In Wrongful Dismissal Case

    When Keddco was acquired by Canerector in 2011, Mr. Ruston was promoted to President.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Paying The Price: Ontario Court Reminds Employers To Carefully Consider Their Approach To Litigation

    Wrongful dismissal disputes are fairly common. In our experience they often resolve through negotiation and infrequently progress far into the litigation process.
    CanadaEmployment and HR
    Vey Willetts LLP
    Vey Willetts LLP
  • Article

    Punching A Co-Worker Does Not Amount To Just Cause For Dismissal, Court Rules

    Can your employee punch a co-worker in the face and avoid termination for just cause?
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    Racial Discrimination – Where There’s Smoke…

    Overt acts of racial discrimination are thankfully not as plentiful as in the day of, for example, the Jim Crow South in the United States. This of course does not mean that racism does not exist. It simply takes more subtle forms.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Read Before You Click – Court Of Appeal Finds No Entitlement To Unvested Stock Options

    In Battiston v. Microsoft Canada Inc. the Court of Appeal for Ontario recently held that an employee who provided online confirmation that he had read his employer's stock option...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Showing 901–920 of 2191 results

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