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.
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.
Termination Clauses: Nova Scotia Supreme Court Weighs In
In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts – which employers and their legal counsel read with both interest and apprehension.
Medicinal Monday to Fridays: When Employees Are Under the Influence...
The recent arbitration decision, Unifor, Local 2001 NB v Old Dutch Foods Ltd, 2016 CanLII 61672 (NB LA) Arbitrator Doucet addresses the emerging topic of managing medical marijuana in the workplace, combined with searches of personal employee property.
Employee’s Failure to Disclose Medical Marijuana Use a Factor in...
A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.
Sexual Harassment and the Perils of Failing to Manage Workplace...
The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick (Justice and Public Safety), 2016 CanLII 50052 (NB LA) (July 28, 2016) highlights the dangers in failing to confront employee “bad” behaviour and being lax with policy enforcement and training.
Terminated Employee Entitled to Bonus Payments
An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.
What Constitutes a Sufficient Breach of Trust to Justify Dismissal?
Cause for dismissal may be found where an employee’s conduct constitutes a serious breach of the relationship of trust that exists between an employer and employee. In Patanguli v Canada (Minister of Citizenship and Immigration), 2015 FCA 291, the Federal Court of Appeal upheld a decision of the Public Service Labour Relations Board which found that […]
An Employee With a 14 Year Absence Reinstated With Full...
In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.