Worldwide: Employment Litigation/ Tribunals

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
From Case To Practice: Do Respondents Have A Right To Know The Identity Of A Whistleblower/Witness?
An Alberta court case examines whether whistleblower investigations can maintain witness anonymity while still providing respondents a fair opportunity to defend themselves. The decision establishes a framework for balancing confidentiality protections with procedural fairness requirements, analyzing five key factors that determine when identifying information must be disclosed to those facing allegations.
Canada Employment
RT
RT Workplace Training & Consulting Inc.
Article
Pregnancy Discrimination In Canada Remains An Ongoing Workplace Issue
Canadian law has evolved significantly since the Supreme Court's 1989 decision in Brooks v. Canada Safeway Ltd., which recognized pregnancy discrimination as a form of sex discrimination. Yet despite comprehensive human rights protections across federal, provincial and territorial jurisdictions, pregnancy discrimination continues to appear before tribunals nationwide, manifesting in terminations, hiring refusals, reduced hours, and failures to accommodate pregnancy-related workplace needs.
Canada Employment
TD
Thompson Dorfman Sweatman LLP
Article
The Importance Of An Effective Threshold Assessment Process
I’ve been reflecting this week on my experience at the 2026 Workplace Investigations in Canada Conference. It was such a great opportunity to connect with peers in the workplace investigations space, and to learn from others in the field through a number of stellar presentations. One that has really stayed with me was Ros Salvador’s presentation, A Deeper Dive: Supporting multifaceted analyses in the investigation of anti-Black racism.
Canada Employment
RT
RT Workplace Training & Consulting Inc.
Article
Ontario Court Of Appeal Rules On Deductibility Of Post-Termination Earnings And Employers’ Burden Of Proving Failure To Mitigate
The Ontario Court of Appeal’s recent decision in Williamson v. Brandt Tractor Ltd.1 provides useful clarity on the deductibility of mitigation earnings in wrongful dismissal cases. It also reaffirms the significant evidentiary burden employers face in proving that a former employee failed to make reasonable efforts to mitigate their damages through new employment following dismissal.
Canada Employment
C
Cassels
Article
Accidents "In The Course Of Work": Lessons From Three Recent Administrative Labour Tribunal Decisions
In Québec, determining whether an accident occurred "in the course of work" necessarily involves analyzing the boundary between a person's personal and professional spheres. Although this concept is central to the Act respecting industrial accidents and occupational diseases (the "Act"), it is not defined under the Act, leaving it to case law to clarify its limits. Three recent decisions from the Administrative Labour Tribunal (the "Tribunal" or "ALT") further illustrate that, in the absence of a statutory
Canada Employment
F
Fasken
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