Searching Content indexed under Employment Litigation/ Tribunals by McMillan LLP ordered by Published Date Descending.
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Sweeping Changes To Federal Employment Standards Set To Take Effect
Federally regulated employers should be advised that many of the federal government's sweeping changes to the Canada Labour Code
9 Aug 2019
Ontario Court Of Appeal: Employment Standards Act, 2000 Does Not Apply To Shareholder Rights
Ontario's Court of Appeal has issued an important decision – in Mikelsteins v. Morrison Hershfield Limited – that draws a clear distinction between employment rights and shareholder rights.
5 Aug 2019
Stop Finding Ambiguity Where There Is None – Ontario Court of Appeal Adds to the Law of Termination Clauses
The Court of Appeal for Ontario has been very busy opining on termination clauses in the past two years. In
16 Jul 2018
Aggravated Damages Awarded by BC Court As Denunciation Of Employer's Disingenuous Offers And Aggressive Defenses
A recent BC Supreme Court decision, Ensign v. Price's Alarm Systems (2009) Ltd. 2017 BCSC 2137, provides a stark reminder to employers that the use of "aggressive and unmeritorious defence tactics" ...
17 Jan 2018
Happy New Year: Termination Clause Upheld By Court Of Appeal
2017 produced several notable decisions on the interpretation and enforceability of termination clauses. The Court of Appeal for Ontario has kicked off 2018 ...
17 Jan 2018
Will Your Non-Compete Hold Up? BC And Ontario Courts Rule On Ambiguous And Overbroad Non-Compete Restrictions
These cases demonstrate the unhappy consequences which can befall those who do not pay attention.
10 Jan 2018
Special Costs for Special Occasions including Breach of Settlement Agreement
In a recent decision, Shewchuk v. IBM Canada Limited, 2017 BCSC 2211, the British Columbia Supreme Court ordered IBM Canada to pay special costs for its conduct following the company's breach of a settlement agreement with Steven Shewchuk, a former employee
27 Dec 2017
Working Notice: Class Action Succeeds in Challenging When Clock Starts
The result was that more than 12 months advance notice of termination was provided to most of the relevant employees.
7 Dec 2017
Bonus Claims: Past Practice Gets A Boost
Craig Cunningham was an accomplished senior executive who was dismissed without cause after eight years service.
15 Nov 2017
You Only Get One Shot – Ontario Court of Appeal Says Severability Clauses Cannot Save Improper Termination Provisions
Ontario employers, employees, and, especially, their lawyers, have spent plenty of time grappling with the interpretation of termination clauses in recent years.
7 Nov 2017
Alberta Decision a Win for Random Drug & Alcohol Testing (For Now)
A recent decision of Alberta's Court of Appeal ("ABCA") is being heralded as a victory for employers in the ongoing tug-of-war between employee privacy and maintaining workplace safety.
7 Nov 2017
Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses
Last year, we told you about a rare "good news" case for employers: Oudin v. Le Centre Francophone de Toronto ("Oudin"). In that case, the Ontario Court of Appeal ("ONCA") relied on a severability clause to save an otherwise void and unenforceable termination clause in an employment contract.
2 Nov 2017
All Notice and No Work Makes "Working Notice" Null and Void
A recent decision of the Ontario Superior Court of Justice confirms that an employer cannot discharge its notice obligations if the employee is unable to actually work during the notice period.
2 Nov 2017
Bona Fide or Not? B.C. Human Rights Tribunal examines what constitutes a bona fide benefits plan
Employers take great caution in establishing employee benefits and amending benefits plans to fit within new legal parameters when required. The case of Barker v. Molson Coors Breweries and another (2017 BCHRT 208) is a good example of why a very diligent approach can be necessary.
20 Oct 2017
Character Matters: Don't Be So Quick To (Summary) Judge
A recent decision of the Ontario Superior Court of Justice is bucking the summary judgment trend in wrongful dismissal cases.
17 Oct 2017
BC Court Of Appeal Confirms Dismissed Employees Do Not Require Expert Evidence To Prove Compensable Mental Injury
Mr. Lau worked as an account manager and sold mutual funds at a bank. His employer terminated him on the grounds that he falsified bank records and lied during the course of an internal investigation...
11 Sep 2017
Saadati v Moorhead: Expert Medical Evidence is Not Required To Successfully Claim Damages for Mental Injury
The recent Supreme Court of Canada decision in Saadati v Moorhead, 2017 SCC 28 will have important implications for employees looking to claim damages for mental injury against their employers.
18 Aug 2017
Saadati v Moorehead: Expert Medical Evidence Is Not Required To Successfully Claim Damages For Mental Injury
This case arose from a claim in negligence as a result of a motor vehicle accident.
4 Jul 2017
"She Got A Break Today" - Court Refuses To Deduct Earnings During Notice Period
Brake v. PJ-M2R Restaurant Inc. (2017 ONCA 402) is an important decision on employers' potential liability in wrongful dismissal actions.
23 Jun 2017
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