In a year like no other, there have been steady developments in the landscape of employment & labour and human rights law. Some of these developments were long anticipated, including the effect of termination on bonus compensation and the legality of mandatory arbitration clauses in the gig economy. Perhaps the most interesting cases, however, are […]
What do employment contracts and termination letters have in common? They both have the potential to end, or at least limit, an employer’s liability in the event of a termination. However, to be effective, they must be properly drafted. A termination letter that fails to assert just cause for termination, and specify the reasons for […]
In times of financial uncertainty, employers seeking to cut costs may quickly turn to temporary layoffs. From the employer’s point of view, layoffs offer an opportunity to press “pause” on its obligations to employees in the short-term while still maintaining the employment relationship in the long-term. Failing to handle layoffs properly, however, may leave the […]
The New Brunswick Court of Queen’s Bench has recently clarified the law regarding without cause termination provisions. The decision, Stéphane Vienneau v. Joy Global (Canada) Ltd., 2020 NBQB 76, explains that a properly worded termination provision is valid and enforceable even if it limits the employee’s entitlements to those set out in the Employment Standards […]
On June 12, 2020, legislation was passed temporarily amending the Labour Standards Act (the “Act”) to extend the period of temporary layoff contemplated in the Act. Background Previously, under section 49 of the Act, an employee on temporary layoff for a period exceeding 13 weeks over a consecutive 20 week period would be considered to […]
Employers are obligated to accommodate disabled employees to the point of undue hardship. Accommodation often requires arranging an employee’s job or workplace duties in such a way that the employee will be able to actively engage in the workforce despite their disability. The duty to accommodate, however, is not limitless. In Katz et al. v […]
2019 brought several notable cases impacting employment and labour law. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. 1. Ruston v Keddco MFG (2011) Ltd, 2019 ONCA 125 Ontario Court of Appeal provides an important lesson that overly aggressive tactics […]
The Supreme Court of Newfoundland and Labrador recently released a decision regarding an employee’s post-employment obligations in relation to confidentiality and non-competition with respect to their former employer. The full decision, Safety First Contracting (1995) Ltd. v. Murphy, 2019 NLSC 47, can be found at the following link: https://www.canlii.org/en/nl/nlsc/doc/2019/2019nlsc47/2019nlsc47.html?autocompleteStr=safety%20first&autocompletePos=1 Overview Patrick Murphy (“Murphy”) was employed […]
The termination of a long-term employee without cause can result in a significant liability for an employer. Employers can reduce their liability by having a signed employment contract that limits the amount of notice, or pay in lieu, an employee is entitled to in the event of a termination without cause. However, a signed employment […]
When is it appropriate for an employer to discipline an employee for their activity on social media? This is a question that employers often struggle with, due to the fact that it raises complex and nuanced issues, such as the divide between a person’s private life and their employment responsibilities, and the extent to which […]