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Searching Content indexed under Contract of Employment by Cox & Palmer ordered by Published Date Descending.
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1
Post-Employment Obligations For Fiduciary Vs Non-Fiduciary Employees
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
Canada
31 Jul 2019
2
Signing Your Name On The Dotted Line Is Not Always Enough: A Signed Employment Contract May Not Be Enforceable
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
Canada
24 Jun 2019
3
Intention Irrelevant In Breach Of Drug And Alcohol Policy
Terra Nova Employers' Organization v Communications, Energy and Paperworkers Union, Local 2121, 2018 NLCA 7
Canada
4 Jun 2018
4
Employee Bonuses After Dismissal: When Are They Owed?
The Nova Scotia Supreme Court in Matthews v. Ocean Nutrition Canada Ltd., 2017 NSSC 16 (with supplemental reasons at 2017 NSSC 123) recently set out the test in Nova Scotia for determining...
Canada
18 Apr 2018
5
Breaching Duty Of Care: Can Individual Employees Be Personally Liable?
A recent decision of the Ontario Court of Appeal, Sataur v Starbucks Coffee Canada Inc., 2017 ONCA 1017, addressed the issue of whether individual employees can be personally liable...
Canada
12 Apr 2018
6
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.
Canada
14 Mar 2018
7
Changing Tides: Enforcement Of Termination Provisions
From the employer's perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a "without cause" termination.
Canada
11 Oct 2017
8
New Brunswick Employers Now Need To Accommodate Family Status
New Brunswick has added "family status" as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.
Canada
11 May 2017
9
Random Drug And Alcohol Testing OK For Now At The Toronto Transit Commission
In a recent court case from Ontario, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, 2017 ONSC 2078...
Canada
5 May 2017
10
Agree To Disagree: No Constructive Dismissal Where Employer Wrongfully Withholds $329,687 From Employee
The Ontario Court of Appeal has offered employers some solace in handling disputes with employees over the proper interpretation of the employment contract.
Canada
25 Apr 2017
11
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.
Canada
27 Jan 2017
12
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...
Canada
13 Jan 2017
13
11 Steps To Minimize Holiday Party Liability
It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.
Canada
30 Nov 2016
14
Dismissal Following Positive Drug Test Excessive Form Of Discipline, Alberta Arbitration Board Rules
A recent arbitration decision from Alberta tackles a myriad of issues related to a positive post incident drug test.
Canada
22 Nov 2016
15
Absenteeism Due To Disability: Has Frustration Of Contract Occurred?
Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.
Canada
28 Jul 2016
16
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.
Canada
27 May 2016
17
The Enforceability Of Non-Competition And Non-Solicitation Clauses
The Alberta Court of Queen's Bench recently addressed the enforceability of restrictive covenants: Non-competition and non-solicitation clauses in Specialized Property Evaluation Control Services Ltd. V. Les Evaluations Marc Bourret Appraisals Inc., 2016 ABQB 85.
Canada
5 Apr 2016
18
Beware Of The One Month Per Year Of Service "Rule": Part 4
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...
Canada
25 Feb 2016
19
Termination Of Consultant Results In Award Of 8 Month Notice Period
The distinction between an employee and independent contractor is not always clear as can be seen in the recent decision of Tetra Consulting v Continental Bank et al., 2015 ONSC 4610.
Canada
11 Nov 2015
20
NL Court Finds Employee's Resignation Was Involuntary
In Evans v Avalon Ford (1996) Limited, 2015 NLTD(G) 100, the employee, Mr. Evans, was Fleet Manager at the Avalon Ford auto dealership, the largest Ford dealership in Atlantic Canada (the "Dealership"), for more than 12 years.
Canada
9 Sep 2015
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