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Searching Content from Canada indexed under Unfair/ Wrongful Dismissal ordered by Published Date Descending.
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1
Reason Returns To Reasonable Notice In Ontario
The Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 ("Dawe") confirmed that 24 months constitutes ...
Canada
20 Sep 2019
2
Yet Another Termination Clause "Bites The Dust" Says The Ontario Court Of Appeal – Where Do Employers Go From Here?
CCPartners has blogged on a number of court decisions over the last five years that have dealt with the enforceability of termination clauses
Canada
19 Sep 2019
3
Taking It Back: When Can An Employee Retract A Resignation From Employment?
People quit their jobs at various times and for various reasons. Often, when a worker quits his/her job they provide their employer with a written letter
Canada
12 Sep 2019
4
Ontario Court of Appeal: Upon Termination, Employee's Shareholder Rights Distinct From Common Law Entitlements
In Mikelsteins v Morrison Hershfield Limited[1], the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection
Canada
11 Sep 2019
5
Ontario Court Of Appeal Summaries (September 3 – 6 2019)
In Hearn v McLeod Estate, the sale of a forged Norval Morrisseau painting and the expert evidence surrounding its authenticity was at issue.
Canada
11 Sep 2019
6
30 Month Notice Of Termination Ruling Overturned
A former Senior Vice President (D) was awarded 30 months' notice.
Canada
11 Sep 2019
7
Federally Regulated Employees Can Make Unjust Dismissal Complaints Even After Signing Releases and Settlement Agreements
The Federal Court of Canada recently confirmed in Bank of Montreal v. Li, 2018 FC 1298 CanLII (Bank of Montreal), that an employee's signed release and settlement agreement will not preclude
Canada
10 Sep 2019
8
Law Firm Slapped With $50,000 In Moral Damages For Abhorrent Treatment Of Articling Student
In Acumen Law Corporation v Ojanen, 2019 BCSC 1352, Ms. Melissa Ojanen ("Ms. Ojanen") was hired as an articling student at Acumen Law Corp ("Acumen")
Canada
4 Sep 2019
9
Employment Essentials: Top 5 Lessons From August 2019
August is traditionally a quiet month for legal developments as Parliament and the Senior Courts' judges are on their summer holidays.
Canada
3 Sep 2019
10
Ontario Court Of Appeal Summaries (August 26-30 2019)
In Andros v. Colliers Macaulay Nicolls, the court upheld the motion judge's decision that the termination clause in the parties' employment contract
Canada
3 Sep 2019
11
No Double Dipping: Employees Receiving Disability Benefits During A Notice Period Cannot Receive Compensation For Lost Wages
Court of Queen's Bench of Alberta affirms that employees receiving disability payments during the reasonable notice period cannot also receive payment for lost wages
Canada
2 Sep 2019
12
Employers Beware: New Compliance And Enforcement Measures Coming To The Canada Labour Code
Bills C-44 and C-86 bring a suite of amendments that confer greater authority on the Canada Industrial Relations Board (the CIRB)
Canada
2 Sep 2019
13
Pas de double indemnisation : les employés qui reçoivent des prestations d'invalidité pendant la période de préavis ne peuvent recevoir une indemnité pour perte salariale
La Cour du banc de la Reine de l'Alberta affirme que les employés qui reçoivent des prestations d'invalidité pendant un délai de préavis raisonnable ne peuvent recevoir également une indemnité
Canada
2 Sep 2019
14
To Disclose, Or Not To Disclose…
Can an employer use "litigation privilege" to prevent the disclosure of an internal report written by a human resources agent that recommends the dismissal of an employee?
Canada
30 Aug 2019
15
The High Cost Of A Few Tweets: Grievor Loses Right To Collect Payment After Breaching Settlement Agreement
That case involved the breach of a previous settlement of the discharge grievances of Professor Rick Mehta.
Canada
27 Aug 2019
16
Do Employers Really Have An Obligation To "Accommodate" An Incompetent Worker? Must The Worker Be Offered Another Position Within The Enterprise?
For several years now, a case law controversy has been repeatedly resurfacing regarding the obligations of an employer in the case of the administrative dismissal of a worker for incompetence
Canada
26 Aug 2019
17
We (Do Not?) Have A Deal: Mutual Agreement On Essential Terms Will Make Settlement Binding
Consider the following scenario. A business gives advance written notice of termination to one of its employees. At the same time, the business delivers to the employee a letter offering a termination package...
Canada
22 Aug 2019
18
Katz Et Al. v. Clarke: Ontario Divisional Court Upholds Termination Of Employee Due To Frustration Of Contract
The Ontario Divisional Court recently upheld an employer's decision to terminate an employee for frustration of contract, affirming that it is "inherently impossible" to accommodate an employee
Canada
20 Aug 2019
19
EI Officer's Ruling Prevents Misconduct Allegations In Unjust Dismissal Hearing
As many employers are aware, it can be an uphill battle to uphold a dismissal for just cause. A recent ruling under the Canada Labour Code (the "Code") demonstrates
Canada
19 Aug 2019
20
Restructuring Tools To Minimize The Risk Of Successful Constructive Dismissal Claims
A recent Ontario Superior Court of Justice decision reminds us that a finding of constructive dismissal by a court, does not always result in an award of damages.
Canada
19 Aug 2019
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