Employee Bonuses After Dismissal: When Are They Owed?

The Nova Scotia Supreme Court in Matthews v. Ocean Nutrition Canada Ltd., 2017 NSSC 16 (with supplemental reasons at 2017 NSSC 123) recently set out the test in Nova Scotia for determining whether an employee dismissed without cause is entitled to damages for lost future bonuses.

What Happens to Employment When an Employer Sells its Assets?

The issue of continuity of employment relationships upon the sale of the assets of a business was recently considered by the Ontario Court of Appeal in Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873.

November 28, 2017

Festive Feasts and Merry Martinis: Top 10 Tips to Minimize...

‘Tis the season for holiday parties. Cox & Palmer would like to remind employers about the steps they should take to minimize their liability risks arising from the consumption of alcohol by employees and their guests.

Employer Misconduct Results in Moral Damages

The Ontario Court of Appeal in Doyle v. Zochem Inc., 2017 ONCA 130 recently upheld an award of $60,000 in “moral damages” to a former employee for the bad faith manner in which she was dismissed.

Mitigation Income: What’s In and What’s Out?

Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.

SCC Declares Termination for Impairment in the Workplace Not Discriminatory

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.

June 13, 2017

Case Law Update: Evans v Avalon Ford Sales (1996) Limited

Earlier this year, the Newfoundland and Labrador Court of Appeal unanimously upheld the decision of the Trial Division in Evans v Avalon Ford Sales (1996) Limited.

April 28, 2017

Random Drug and Alcohol Testing OK For Now at the...

In a recent court case from Ontario, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, 2017 ONSC 2078, the Amalgamated Transit Union, Local 113 (the “Union”) applied for an injunction to prevent the Toronto Transit Commission (the “TTC”) from implementing random drug and alcohol testing for its employees.

Agree to Disagree: No Constructive Dismissal Where Employer Wrongfully Withholds...

The Ontario Court of Appeal has offered employers some solace in handling disputes with employees over the proper interpretation of the employment contract.

April 5, 2017

Terminating a Probationary Employee? Not So Fast…

The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.