Searching Content indexed under Employment Litigation/ Tribunals by Field LLP ordered by Published Date Descending.
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How Dependent Must A Dependent Contractor Be?
The distinction between employees, independent contractors, and dependent contractors is a well-established part of Canadian employment law.
6 Sep 2019
The Long And Winding Road To Accommodation - How Long Is Too Long?
After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitable time.
30 Jan 2019
Punitive And Aggravated Damages – Exceptional But Necessary Remedies
Ruston was asked to take time off work, and later he received an alert that his e-mail account was disabled.
24 Sep 2018
'Clearly Separate': Workplace Sexual Misconduct Not Captured By Employment Release
Ontario court finds sexual harassment of one employee against another was not connected to employment
4 Sep 2018
Skip The Investigation And Risk Punitive Damages
In recent cases such as Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525 and Garnett v Alberta Motor Association, 2017 ABPC 267, Alberta courts have cautioned employers...
1 Jun 2018
Duty Of Fairness At Investigative Stage And The Importance Of Co-Operation In An Investigation
Registered nurse refused to co-operate with professional investigation into his termination, claiming he needed more details on the investigation
28 Mar 2018
Duty Of Fairness At Investigative Stage And The Importance Of Cooperation In An Investigation
Kuny v College of Registered Nurses of Manitoba, 2017 MBCA 111, emphasizes that the duty of fairness at the investigative stage of a professional disciplinary process requires centrally ...
20 Mar 2018
Jail For OHS Offences? Yes - Even If The OHS Prosecutor Didn't Ask For It!
It has long been the law in Alberta that work site parties convicted of offences under the Occupational Health and Safety Act, Regulations or Code could spend time in jail.
23 Feb 2018
Protection From Discrimination In Employment – To Infinity And Beyond
At the end of last year, the Supreme Court of Canada, in the highly anticipated decision of British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 ("Shrenk"), addressed the following important issue: How far does protection from discrimination in the area of employment extend?
23 Feb 2018
Importance Of Clear Guidelines And Policies
The Court upheld the Discipline Committee's decision. Notably, the Court determined that the College's guidelines and policies constituted official advice.
27 Sep 2017
Terminated Employee Awarded Aggravated Damages for Employer's Conduct
Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play.
21 Aug 2017
Certain Earnings During Notice Period Not Considered Mitigation
On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court's finding that certain earnings during the notice period should not be deducted from damages for pay in lieu of notice.
18 Aug 2017
SCC Finds No Discrimination For Terminating Employee In Alberta Drug Addiction Case
On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. and upheld the Alberta Court of Appeal's ruling that an employer can terminate an employee...
4 Jul 2017
Case Update for Styles v. Alberta Investment Management Corporation
On June 1, 2017, the Supreme Court of Canada dismissed an application for leave to appeal of the decision of the Alberta Court of Appeal in Styles v. Alberta Investment Management Corporation.
9 Jun 2017
Don't Skimp On Statutory Minimums: Drafting An Enforceable Termination Clause
The recent decision of the Court of Appeal for Ontario in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (Wood), once again highlights that employers must be very careful...
22 Mar 2017
Alberta Law Clarified On Scope Of Good Faith In Contract And Incentive Pay Eligibility
A key provision in the LTIP provided that in order to be eligible for a bonus, the participant had to be an active employee on the vesting date of the LTIP bonus in question.
1 Mar 2017
CASL News: The CRTC Provides Long-Awaited Guidance On Implied Consent And The Assessment Of Administrative Monetary Penalties
Blackstone chose to dispute the notice of violation, arguing that it had implied consent to send the CEMs in question and that the amount of the AMP was too high.
23 Jan 2017
The Time Of Year For Holiday Cheer: A Few Things For Employers To Keep In Mind
With the holidays just around the corner, many employers will be celebrating the holiday season and a hard year's work with its staff.
8 Dec 2016
The Resignation Trap: Avoiding Unwanted Consequences When An Employee Resigns
It may be assumed that when an employee says "I quit" or walks into his employer's office, hands in his keys and says "I'm done" the employer can accept the employee's resignation and move on with replacing the employee.
2 Nov 2016
Significant Consequences Mean Significant Procedural Rights: Alberta Court Of Appeal Provides Guidance On Procedural Fairness In Incapacity Assessments
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
11 Oct 2016
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