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Oct 11, 2018

By Kelsey Orth

There is No “OT” in NOTICE – Court of Appeal agrees with Motions Judge that Employees not Expected to Look for Work in Their Sleep when Working Notice Provided

As you may know, the Employment Standards Act, 2000 (“ESA”) has specific provisions governing an employee’s minimum entitlements ...

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Sep 27, 2018

By Cristina Tomaino

Be Careful What You Wish For: Ontario Court Holds that an Employee Cannot Rescind a Clear and Voluntary Notice of Resignation

In English v Manulife Financial Corporation, the Ontario Superior Court of Justice considered whether an employee who has voluntarily resigned may ...

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Aug 30, 2018

By Cristina Tomaino

Dismissed Employee Failed to Mitigate Damages by Choosing Retraining Over Re-Employment

In the recent case of Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice held that an employee had failed to reasonably mitigat...

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Jul 19, 2018

By Cristina Tomaino

“I shouldn’t be telling you this, but…” – BC Judge Finds that Breaches of Confidentiality can Give Rise to Just Cause Dismissal

In a recent decision, the British Colombia Supreme Court upheld the dismissal of a long-service employee following a series of confidentiality brea...

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Mar 22, 2018

Court rejects employee’s obligation to accept new employment with strings attached, awards 26 months’ notice

In a recent decision of the Ontario Superior Court of Justice, two plaintiffs were each awarded wrongful dismissal damages in the amount of 26 mont...

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Feb 8, 2018

“Mean” Employer Behaviour leads to $750,000 Damages Award

It may not measure up to damage awards you’ll find south of the border but a recent decision from the Ontario Superior Court of Justice has s...

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Dec 14, 2017

To the surprise of NO ONE, using Vulgarity against a Co-worker even one time, was one time too many

A recent decision by Alberta’s Court of Queen’s Bench has provided support for employers who act swiftly in terminating an employee who...

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Oct 26, 2017

Court Finds Expectation of Bonus Not Reasonable When Employee Not Actively Working

A properly drafted employment contract that determines an employee’s entitlements upon termination can reduce the likelihood of protracted li...

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Sep 21, 2017

Employers - Be Cautious When Dismissing Employees Where Ulterior Motives Involving Union Politics May Taint a Harassment Complaint

In a recent decision, Arbitrator Slotnick commended the employer for taking a hard line against sexual harassment but also criticized the employer ...

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Aug 10, 2017

Court of Appeal Rules that Just Because Your Contract is Breached, it Doesn’t Mean you were Fired

A recent decision of the Ontario Court of Appeal stands as a reminder to employees that not all breaches of contract by the employer are sufficient...

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Nov 17, 2016

By Angela Wiggins

Summary Judgment Motions: Navigating their Increased Use in Wrongful Dismissal Claims

Recently, employers responding to wrongful dismissal litigation may have noticed a trend of plaintiffs seeking to resolve matters quickly by bringi...

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Sep 22, 2016

By Susan Crawford

Money Doesn’t Matter!

Financial Circumstances of Employer Not a Proper Factor in Assessing Reasonable Notice As employer counsel, it is not unusual for us to hear from ...

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May 12, 2016

Employee Not Constructively Dismissed, Employer Ordered to Pay Damages

In many instances employers will litigate against the assumption of a power imbalance, an employee viewed as the party in need of protection. This ...

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Mar 3, 2016

Cumulative Breach of Ethics Upheld as Proper Dismissal for Cause

Asserting and establishing just cause when faced with an action of wrongful dismissal is a difficult and often unsuccessful avenue for employers. E...

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Feb 18, 2016

Avoiding the Word “Severance” Doesn’t Mean You Didn’t Receive it

A recent decision from the Court of Appeal for BC has exhibited some rarely seen leniency towards employers when drafting termination agreements. T...

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Aug 6, 2015

Employers: Are Your Contractors Independent or Dependent? The Wrong Answer Could Cost You

One of the benefits to employers who hire independent contractors to assist in the workplace is that there is no obligation to provide reasonable n...

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Jul 30, 2015

By Kelsey Orth

You Can’t Always (Do) What You Want: Judge Finds Failure To Mitigate For Choosing New Career

Since the Supreme Court of Canada ruled in Evans v. Teamsters, much has been made about the issue of mitigation.  That decision, a positive on...

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Jul 10, 2015

Actually You Weren’t Fired! Court Rules Long-Term Employee Should Have Accepted New Role

A recent decision of the Ontario Superior Court of Justice has reinforced an employer’s ability to re-organize work flow and adjust employee ...

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May 7, 2015

Federal Court of Appeal Says Employers Can Reasonably Request Better Medical Information Where Health and Safety of Worker a Factor

In Donaldson v Western Grain By-Products Storage Ltd. 2015 FCA 62, the Federal Court of Appeal ruled that it is reasonable to request a more specif...

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