Canada’s Privacy Commissioner released some materials this week dealing with Canada’s anti-spam legislation (CASL), including a guide for businesses doing e-marketing:

• https://www.priv.gc.ca/resource/op-vpel/casl_guide_e.asp

The Ontario Court of Appeal upholds a decision in which the trial judge found it would not be reasonable for a long-term employee to continue working in a less important position with his former employer following constructive dismissal on the basis that the employee viewed the environment as “unfriendly”:

• http://www.canlii.org/en/on/onca/doc/2015/2015onca293/2015onca293.html

Stuart Rudner writes about why it makes sense to provide a reference letter to employees dismissed without cause (hint: helping the employee mitigate his or her damages is good for the employer):

•  http://rudnermacdonald.com/dismissals/providing-employment-references-just-makes-sense/

Michael FItzgibbon in his “Thoughts from a Management Lawyer Blog” discusses how far an employer must go to assist a departing employee to mitigate his or her damages:

• http://labourlawblog.typepad.com/managementupdates/2015/04/mitigation-how-far-must-the-employer-go.html

The BC Court of Appeal overturns an earlier trial judgment and sends the case back for a new trial in Ogden v. Canadian Imperial Bank of Commerce. The plaintiff bank employee had been terminated for cause after a wire transfer incident involving a client. The BCCA found the trial judge misapprehended the defendant’s arguments and the evidence before it relating to the incident and others that preceded it which may constitute cause for termination:

• http://www.canlii.org/en/bc/bcca/doc/2015/2015bcca175/2015bcca175.html

The Ontario Superior Court of Justice concluded that two workers were in fact dependent contractors and entitled to 26 months’ notice of termination:

• http://www.slaw.ca/2015/04/30/26-months-notice-awarded-to-dependent-contractors/
• http://www.canlii.org/en/on/onsc/doc/2015/2015onsc1055/2015onsc1055.html

An arbitrator upheld a three day suspension for a large employee after he made hostile and intimidating comments to a smaller co-worker in the company washroom:

• http://www.occupationalhealthandsafetylaw.com/classic-bullying-in-company-washroom-which-is-the-traditional-hang-out-of-bullies-lands-employee-three-day-suspension?
• http://www.canlii.org/en/on/onla/doc/2015/2015canlii21612/2015canlii21612.pdf

Evan Campbell from Miller Thomson’s Guelph office on the dos and don’ts for employers during union drives:

• http://www.hrmonline.ca/hr-news/union-drives–the-dos-and-donts-for-employers-190941.aspx