Labour Arbitration: When are Damages in Lieu of Reinstatement an...
In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.
Employer Liable for Remainder of Fixed Term Employment Contract
A new decision from the Ontario Court of Appeal shows the potential downside of fixed term employment contracts for employers and the importance of proper drafting.
Beware of the One Month Per Year of Service “Rule”:...
There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
Substantial Changes to Employment for Employee Returning from Maternity Leave...
Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers. However, the ability of parents to take maternity and/or paternity leave, and return to their employment, is a legislated right.
Beware of the One Month Per Year of Service “Rule”:...
There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
Can’t Afford to Keep Them, Can’t Afford to Fire Them:...
Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.
Notice Periods for Without Cause Terminations
In the absence of an employment agreement that expressly sets out a notice period upon termination, employees who are terminated without just cause are entitled to a notice period or pay in lieu of notice from their employers in accordance with the common law.
New Brunswick Police Officer Terminated for Misconduct
In the recent unreported decision of the New Brunswick Police Commission and Constable Jeff Smiley, dated December 2, 2015, an arbitrator appointed under the New Brunswick Police Act imposed the penalty of dismissal of a New Brunswick police officer as a result of his misconduct.
The Duty to Mitigate: When is an Employee Required to...
The British Columbia Court of Appeal (the “BCCA”), in Frederickson v Newtech Dental Laboratory Inc., 2015 BCCA 357, overturned the trial judge’s finding that Frederickson had failed to mitigate her damages because she refused to accept an offer of re-employment from her employer, Newtech Dental Laboratory (“Newtech”).
Termination For Drug Impairment Is Not Discriminatory
In a recent decision of the Alberta Court of Appeal, Stewart v. Elk Valley Coal Corp., 2015 ABCA 225, it was held that the termination of an employee who tested positive for cocaine in a post-incident drug test was not discriminatory.