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.

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.

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.

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.

March 6, 2017

Illegal Drugs in the Workplace: The Test to Establish Possession

The possession and use of illegal drugs in safety-sensitive workplaces continues to be a prevalent issue in Canadian labour law.

No Obligation to Pay Long Term Incentive Bonus Upon Termination

The Alberta Court of Appeal clarified the law with respect to how long-term incentive plans should be treated when an employee is terminated.

Navigating Employment Law Tricky For Startups

So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.

November 17, 2016

Dismissal Following Positive Drug Test Excessive form of Discipline, Alberta...

A recent arbitration decision from Alberta tackles a myriad of issues related to a positive post incident drug test.