Category Archives: Uncategorized
June 25, 2015
Employees terminated without cause have a duty to mitigate their damages by taking reasonable steps to secure alternate employment. In Steinbach v. Clean Energy Compression Corp, the court found that the employee’s efforts to find new work, particularly by electing … Continue reading
Posted in Uncategorized
Tagged creative sentencing, defamation, due diligence, frustration, human rights, mitigation, OHS, PIPEDA, police records, privacy, record checks, vexatious litigant
Leave a comment
June 17, 2015
According to a recent case out of Ontario, terminating an employee in June could lead to larger damage awards: http://business.financialpost.com/legal-post/firing-an-employee-in-june-could-equal-larger-damage-awards-in-ontario In light of recent news concerning airline employees suffering from mental illness, should employees be required to disclose known disabilities? … Continue reading
Posted in Uncategorized
Tagged damages, disability, disclose, mitigation, summary judgment, wrongful dismissal
Leave a comment
May 27, 2015
Stringer LLP writes about another example of the court striking down a termination provision in an employment agreement resulting in a lengthy common law notice period. Here, the clause did not properly account for fringe benefits during the statutory notice … Continue reading
Posted in Uncategorized
Tagged bonus, common law notice, cumulative cause, termination
Leave a comment
April 22, 2015
Doug MacLeod provides an update on recent employment law decisions that were heard as summary judgment motions in Ontario: http://www.macleodlawfirm.ca/employers/2015/04/wrongful-dismissal-recent-decisions-made-by-summary-judgment-motion/ The Canadian Payroll Consulting blog with some tips on vacation time and pay best practices: http://alanrmcewen.com/2015/04/21/what-are-vacation-time-and-pay-best-practices/
Posted in Uncategorized
Tagged summary judgment, vacation, vacation pay, wrongful dismissal
Leave a comment
March 18, 2015
On employer rights and obligations when faced with severe weather: http://www.labourandemploymentlaw.com/2015/03/weather-permitting-employer-rights-when-faced-with-severe-weather/ HRM Canada on the problem with paid suspensions in the wake of last week’s SCC decision in Potter: http://www.hrmonline.ca/hr-news/the-problem-with-paid-suspensions-189237.aspx Avoiding employer liability when terminating short service employees: http://blog.firstreference.com/avoiding-liability-pitfalls-when-dismissing-short-service-employees/
March 9, 2015
On Friday, the Supreme Court of Canada released an interesting decision in Potter v. New Brunswick Legal Aid Services Commission discussing the test for constructive dismissal. Sean Bawden reviews the case and the two paths to constructive dismissal in his … Continue reading
Posted in Uncategorized
Tagged benefits, CLC, consideration, constructive dismissal, holiday pay, human rights, SCC
Leave a comment
March 6, 2015
Your first ten years in the labour market likely shape your lifetime earning potential: http://www.washingtonpost.com/blogs/wonkblog/wp/2015/02/10/your-lifetime-earnings-are-probably-determined-in-your-twenties/?postshare=3761425156115071 Stuart Rudner explores whether an employer can void a severance agreement if employee misconduct is discovered after entering the agreement. The issue was considered in … Continue reading
January 28, 2015
It was earlier reported that Target employees would get around 16 weeks’ pay as the company wound down operations in Canada. In this article, some employees are upset that they might get 16 weeks’ notice of termination rather than 16 … Continue reading
Posted in Uncategorized
Tagged family status, human rights, Johnstone, moral damages, reasonable notice, social media, solicitation, target, working notice
Leave a comment
Calgary HR Law 