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Searching Content indexed under Employment Litigation/ Tribunals by Minden Gross LLP ordered by Published Date Descending.
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1
Irvin Schein's Blog: When Should An Employer Require An Employee To Obtain ILA?
In this case, the Plaintiff entered into an employment agreement with O.E. Canada Inc. which included, as part of his remuneration...
Canada
27 Jun 2017
2
Termination For Cause: How Serious Does The Transgression Have To Be?
The recent case of Sinnathamby v. The Chesterfield Shop Limited (case and endorsement) provides a useful reminder of the very high threshold to be met by an employer terminating for just cause.
Canada
30 Jan 2017
3
Wrongful Dismissal: When Will A Refusal To Return To Work Constitute A Failure To Mitigate?
The recent Ontario Superior Court decision of Fillmore v. Hercules SLR Inc. provides a useful summary of the current state of the law on offers of re-employment and a duty to mitigate.
Canada
23 Sep 2016
4
Must An Employee Mitigate Damages When A Fixed Term Employment Contract Is Terminated Early?
The recent decision of the Ontario Court of Appeal in Howard v. Benson Group Inc. clarifies the current state of the law on the duty to mitigate where a fixed term employment contract is terminated early.
Canada
18 Jul 2016
5
Wrongful Dismissal Cases: When Can Members of Management be Sued Personally?
The idea of adding members of management as defendants in wrongful dismissal cases against corporate employers is not a new one.
Canada
23 May 2016
6
Wrongful Dismissal On Summary Judgments: What If Judgment Is Rendered Before The Notice Period Expires?
The new judicial policy promoting summary judgment motions as a way of disposing of law suits, rather than trials, has become all the rage in lawful dismissal litigation.
Canada
17 Feb 2016
7
Are Employers' Financial Circumstances Relevant In Calculating Termination Pay?
In a word. No. The Ontario Court of Appeal has reaffirmed, definitively, that an employer's financial circumstances are not relevant to the determination of reasonable notice in a particular case.
Canada
3 Feb 2016
8
What Is A Dependent Contractor's Entitlement To Notice Of Termination?
The recent case of Tetra Consulting and Cassar v. Continental Bank of Canada may advance the law on the manner in which the Court will calculate reasonable notice on the case of a dependent contractor.
Canada
11 Jan 2016
9
When Will Punitive Damages Be Available in a Wrongful Dismissal Case?
The recent case of Gordon v. Altus Group Limited provides an interesting insight into one circumstance, at least, in which punitive damages will be awarded against a former employer which has acted egregiously.
Canada
16 Dec 2015
10
When Can An Employment Agreement Be Voided for Duress?
The recent decision of the Ontario Superior Court in Riskie v. Sony of Canada Ltd. provides a useful reminder of the way in which the court will deal with an employment agreement where the employee later complains that he executed the agreement under duress.
Canada
16 Oct 2015
11
The Latest From The Court Of Appeal On Constructive Dismissal
Morgan v. Vitran Express Canada Inc. provides a useful reminder as to the state of the law on constructive dismissal in Ontario.
Canada
15 May 2015
12
When Can A Former Employee Compete?
The company’s customers were major Canadian telecommunications companies such as Bell Canada and Rogers.
Canada
9 Apr 2015
13
Wrongful Dismissal And Mitigation: Can A Fired Worker Start His Own Business?
The recent case of Leeming v. IBM Canada Ltd. includes a useful review of the law relating to mitigation of damages in the context of wrongful dismissal.
Canada
7 Apr 2015
14
When Will A Suspension From Employment Amount To A Constructive Dismissal?
In the recent case of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada provided some interesting clarifications on the law of constructive dismissal.
Canada
23 Mar 2015
15
Plaintiff Nearly Loses $8,000 Because She Went To Trial Too Fast
In an unusual case, a plaintiff nearly lost out on $8,000 in damages simply because she got to trial too fast.
Canada
16 Dec 2014
16
Just Cause For Termination Of Employment: Can The Pendulum Swing Any Further?"
The recent case of Fernandes v. Peel Educational & Tutorial Services Limited provides a useful insight into an issue which has had employers gnashing their teeth for years.
Canada
18 Nov 2014
17
When Is A Worker A Dependent Contractor?
Let’s begin our analysis with a review of the distinction between employees and independent contractors.
Canada
26 Aug 2014
18
Loans To Employees And The Duty Of Good Faith
The recent Superior Court decision in Canaccord Genuity Corporation v. Sammy is a useful reminder of the law relating what may happen when an employee obtains a loan from his employer, and then the employee is fired
Canada
7 Jul 2014
19
The Latest On Termination Of Employment For Insubordination
The recent case of Smith v. Diversity Technologies Corporation provides some interesting insights into several employment law issues and principally that of termination for insubordination.
Canada
26 Apr 2014
20
Irvin Schein Blogged On "The Latest On Employment Contracts That Require Employees To Give Notice Of Termination"
BlackBerry Limited v Marineau-Mes provides insight into the murky area of the obligations of an employee to provide notice of his intention to resign.
Canada
7 Apr 2014
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