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  • Article

    When An E-Mail Does Not "Find You Well": Just Cause Termination Not A Proportionate Response To Employee's Heated E-Mail

    Employers can be quick to assert that a single instance of employee misconduct is enough to discharge an employee for just cause.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    When Jurisdiction Goes Wvong: Complaint Barred From BC Human Rights Tribunal Due To Lack Of Connection With BC

    BC-based employers might hire employees who reside outside British Columbia. In those circumstances, the employers should take care to consider whether they are bound by the BC Human Rights Code (the “Code”)...
    CanadaEmployment and HR
    Roper Greyell LLP
Roper Greyell LLP
  • Article

    When No Reasons Are Good Reasons: What Employers Need To Know About Terminating Non-Unionized Employees Without Cause

    British Columbia employers do not need to provide reasons when terminating employment without cause, and in most cases should refrain from doing so. A recent Supreme Court of British Columbia decision confirms that failing to provide reasons for a without cause termination does not breach the duty of good faith in the manner of dismissal.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Workplace Investigations: Perfection Is Not The Standard

    A recent decision of Ontario's Superior Court of Justice provides helpful guidance to Ontario employers on the standard of workplace investigation in the context of a termination for cause
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Wrongfully Dismissed Employee Entitled To Compensatory, Aggravated, And Special Damages For Employer’s Breach Of Duty Of Good Faith

    Ms. Ogden moved to Canada from China in 2000 where she obtained her Bachelor of Commerce.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    WSIAT Takes Away An Employee's Right To Sue Her Employer For Chronic Mental Stress In A Case Of Constructive Dismissal

    In a decision issued October 17, 2019, Morningstar v. Hospitality Fallsview Holdings Inc. the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") found that a worker's right to file
    CanadaEmployment and HR
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    You Can't Fire Me! I Quit. I Mean, I Repudiate. Wait. What?

    We tend to think of the end of an employment relationship as a clear binary – you either quit or you get fired. Sometimes the relationship ends, but it is not exactly clear how it ended.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Votre Salarié Vous Annonce Qu’il Démissionne Et Qu’il Quittera Ses Fonctions Dans Deux Semaines : Pouvez-Vous Mettre Un Terme Immédiatement À Son Emploi Sans Payer Une Indemnité?

    À moins de la commission d’une faute grave, tel que l’entend la Loi sur les normes du travail, par le salarié ou d’une entente avec le salarié, la réponse est NON.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    After-Acquired Cause: An Employer's Permission To Go Back In Time

    Starting with some employment law basics; employers in Ontario "can" terminate an employee's employment with or without cause. I say "can", because there are some exceptions to this rule, such as the termination...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Assuming An Employee Has Resigned Can Be Costly For Employers

    Generally, if an employee voluntarily resigns from his or her employment, the employee cannot bring an action for wrongful dismissal.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Court Upholds Employer's Dismissal Of Health And Safety Manager For Cause

    In Lagala v. Patene Building Supplies Ltd, 2024 ONSC 253 (CanLII), the employee was dismissed for cause and commenced a wrongful dismissal action against her former employer...
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Employment Agreement Pitfalls | Let’s Go Beyond The Termination Clause

    Employment agreements require more than just updated termination clauses to remain enforceable. This article examines critical pitfalls that can undermine even well-drafted contracts, including illegal probationary periods...
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Frustrated With Frustrated Contracts? How The Duty To Accommodate Applies To Permanently Disabled Employees.

    Employers are obligated to accommodate disabled employees to the point of undue hardship. Accommodation often requires arranging an employee's job ...
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Navigating Mutual Separation Agreements: When And How?

    A mutual separation, also referred to as a "mutual exit" or "retirement agreement" is a mutually agreeable arrangement between an employer and employee providing for, among other things, the cessation...
    CanadaEmployment and HR
    DLA Piper
    DLA Piper
  • Article

    Ontario, Canada Court Upholds Verbal Bonus Policy And Denies Former Employee's Bonus Claim

    An Ontario court has ruled on whether a former employee is entitled to an annual bonus after resigning, examining the enforceability of a verbal bonus policy that required active employment at the time of payment. The decision explores the boundaries of discretionary bonus programs and the circumstances under which unwritten employment policies may be upheld by courts.
    CanadaEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Silence Does Not Speak Louder Than Words Says Ontario Court Of Appeal - Silence In The Face Of A Temporary Layoff Does Not Equal Condonation

    Recently the Ontario Court of Appeal ("ONCA") determined that an employee's silence does not equal a condonation to a temporary layoff.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    When Can A Terminated Employee Reject An Offer Of Re-Employment?

    Does a terminated employee have a duty to accept an offer of re-employment after termination? This issue was recently considered by the British Columbia Court of Appeal in Fredrickson v Newtech Dental Laboratory.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Alberta, Canada Arbitrator Finds Grievor's "Off-Duty" Sexual Assault Of Co-Worker Is Just Cause For Employment Termination

    In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union's grievance of an employee's...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta Court Of Appeal Finds Silence May Defeat A Claim Of Constructive Dismissal

    Recently, the Alberta Court of Appeal partially overturned the lower Court's decision in Kosteckyj. The Court's decision reaffirms the test for constructive dismissal and finds...
    CanadaEmployment and HR
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    B.C. Court Of Appeal Confirms That Secretly Recording Conversations With Co-Workers Can Be Just Cause For Dismissal

    In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (CanLII), the British Columbia Court of Appeal affirmed the lower court's decision that the employee's surreptitious...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Showing 941–960 of 2191 results

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