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  • Article

    BC Supreme Court Decision Offers Cautions About After-acquired Cause And Termination Clauses For Commission-compensated Employees.

    The BC Supreme Court recently decided a wrongful dismissal case in Hoem v Macquarie Energy Canada Ltd., 2025 BCSC 446, where it awarded damages in lieu of common law reasonable notice...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Contrasting Wrongful Dismissal Awards: Lessons For Employers

    Two recent court decisions illustrate the wide range of possible outcomes in wrongful dismissal claims in Canada.
    CanadaEmployment and HR
    Cassels
Cassels
  • Article

    Different Ways To Claim For Lost Income Due To COVID-19

    If you have lost your employment due to COVID-19, there are a variety of different avenues available to you to make a claim for lost income.
    CanadaEmployment and HR
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Does An Employee Have To Stay? Constructive Dismissal And The Duty To Mitigate

    When an employee asserts that they have been constructively dismissed, it is not always clear what the next steps should be for either the employee or the employer.
    CanadaEmployment and HR
    Parlee McLaws LLP
    Parlee McLaws LLP
  • Article

    Don't Forget To Check Those Text Messages! After-acquired Cause Upheld For Its "Criminal" Nature In Safety Sensitive Industry

    In Van den Boogaard v. Vancouver Pile Driving Ltd., 2014 BCCA 168, the B.C. Court of Appeal unanimously affirmed that a supervisor's conduct of procuring drugs from an employee under his/her supervision will support a finding of just cause
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Employee's Bonus Entitlement During Reasonable Notice Period – Some Clarity

    On October 9, 2020, the Supreme Court of Canada (SCC) released an important decision for employers and employees in Canada regarding an employee's entitlement to bonuses...
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Employee Discount Policies: Zero Tolerance

    A recent Nova Scotia Labour Board decision considered whether an employee with 11 years' service was dismissed for cause when he used an employee discount policy for a "friend", contrary to company policy.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Five Big Developments In Employment Law In 2013

    As a result of the serendipity of of the holidays falling upon the next two Wednesdays, Christmas and New Year’s Day have come early for my readers.
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    Funeral Home Fiasco: The Foibles Of Fixed-Term Contracts

    While Fixed-term employment contracts may, at first blush, seem like an attractive option, the risks often outweigh the benefits.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Key 2020 Employment Law Decisions, Ontario Division

    With COVID-19 dominating all aspects of life for most of 2020, including the workplace, it is hard to imagine that Ontario courts...
    CanadaEmployment and HR
    Miller Thomson
    Miller Thomson
  • Article

    OLRB Agrees To Hear Another Harassment Case

    The debate continues as to whether the Ontario Labour Relations Board has jurisdiction to hear harassment-reprisal complaints under the Occupational Health and Safety Act, but another Vice-Chair of the OLRB has said "yes".
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Ontario, Canada Court Confirms Employers That Revoke Accepted Employment Offers May Be Liable For Damages

    In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario's Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment
    CanadaEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Ontario, Canada: Court Takes On Employer Termination Conduct

    The Court of Appeal for Ontario recently rendered a decision in Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125,
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario Court Awards $1.8 Million To Retired Employee For Vacation, Bonus, And Stock Options

    The Ontario Superior Court of Justice's decision in Boyer v. Callidus, 2024 ONSC 20, is a cautionary tale for employers that demonstrates the importance of ensuring employment contracts...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Reassigning An Employee To Lesser Role Can Be Recipe For Lawsuit

    The charade of bumping an employee into a position with little more than a title is a recipe for a lawsuit.
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    Supreme Court Of Canada To Federally Regulated Employers: No "Without Cause" Dismissals Under Canada Labour Code

    In November 2009, Atomic Energy Canada Limited ("AECL") dismissed a procurement supervisor after four and a half years of service.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    (Tap-Tap-Tap… Is This Thing On?) Attention Employers – Be Aware: Court Awards Moral Damages Based On Recording Of Termination Meeting

    In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, Justice McKelvey of the Ontario Superior Court of Justice awarded a terminated employee $15,000 in moral damages because the employer acted...
    CanadaEmployment and HR
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    The Legal Illusion Of A Doctor’s Note: Why Employers Should Use Discharge Letters

    What will arrive first; the employee with their doctor’s note or the employer with the discharge letter?
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    The Ontario Court Of Appeal's Latest Decision Striking Down Attempts To Control Severance Cost

    A key way employers control severance cost risk is to hire employees under written employment contracts that specifically limit what the employee's severance entitlements will be upon termination.
    CanadaEmployment and HR
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    The Perils Of A Poor Investigation

    On May 31, 2010, the Liquor Distribution Branch ("LDB") terminated Ms. Vernon from her employment, for just cause.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Showing 961–980 of 2191 results

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