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Searching Content indexed under Unfair/ Wrongful Dismissal by Norton Rose Fulbright Canada LLP ordered by Published Date Descending.
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1
Employers Beware: New Compliance And Enforcement Measures Coming To The Canada Labour Code
Bills C-44 and C-86 bring a suite of amendments that confer greater authority on the Canada Industrial Relations Board (the CIRB)
Canada
2 Sep 2019
2
Petit rappel du Tribunal administratif du travail : le licenciement « légitime » vs le congédiement déguisé
Cette affaire concerne une employée devant revenir au travail suite à un congé de maternité.
Canada
1 Aug 2019
3
Avoiding Independent Contractor Liability In M&A
As a result, independent contractors are not afforded employment law protections.
Canada
18 Jul 2019
4
Sticks And Stones May Break My Bones, But Words Can Sometimes Hurt You: Damages For Defamation May Attach To Termination Communications
In Booton v Synergy Plumbing and Heating Ltd., 2019 BCSC 276, an employee successfully sued his former employer for wrongful dismissal as well as defamation in relation to statements made by the employer regarding the reasons for his termination.
Canada
14 Jun 2019
5
A Comforting Decision For Employers Reorganizing Their Workplace
A recent decision has set the record straight by reaffirming a principle that some decision-makers at the Administrative Labour Tribunal (ALT)
Canada
14 Dec 2018
6
Back-To-School Newsletter: Two Major Decisions Regarding Dismissal
Recently, two arbitral decisions confirmed dismissals of employees in the school system.
Canada
3 Oct 2018
7
Gallea v. Wal-Mart – An Expensive Lesson For Employers
In December, 2017 an Ontario court issued a surprising decision that should be noted by employers across Canada
Canada
31 Jan 2018
8
When Emotions Run a-Mok: Trial Judge's Decision Upheld in Sweeting v Mok, 2017 ONCA 203
As an employer, you need to be careful what you say in the heat of the moment. That is the takeaway from the Ontario Court of Appeal's recent decision in Sweeting v. Mok, 2017 ONCA 203.
Canada
22 Nov 2017
9
Working Notice Not Appropriate For Medical Leaves Of Absence
In McLeod v. 1274458 Ontario Inc. ("McLeod"), the Ontario Superior Court confirmed that working notice is not appropriate when an employee is on an unpaid leave of absence for medical reasons.
Canada
11 Oct 2017
10
Mitigation Income and Wrongful Dismissal Damages – The Court of Appeal Muddies the Waters
Esther Brake worked for McDonald's for over twenty-five years, first in Cornerbrook, Newfoundland, and then as a restaurant manager in Ottawa.
Canada
19 Jul 2017
11
Dismissed Employee Failed To Mitigate By Choosing Retraining Over Applying For Comparable Re-Employment
In Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice reviewed the law surrounding an employee's duty to mitigate their common law reasonable notice damages arising from wrongful dismissal.
Canada
27 Jun 2017
12
A New Criterion For Unreasonableness: The Obligation For Adjudicators To Demonstrate Their Consideration Of Progressive Discipline
In a recent decision of the Federal Court of Canada, the Court had occasion to apply the Supreme Court of Canada's decision in Wilson v Atomic Energy of Canada ltd (Wilson) for one of the first times.
Canada
23 Jun 2017
13
Ontario Human Rights Tribunal: Subjective Belief Can Trump Facts
Chodha v. 1352866, 2016 HRTO 1241 demonstrates that human rights tribunals will consider an employer's bona fide subjective belief in deciding whether the employer has provided a reasonable explanation...
Canada
24 Mar 2017
14
Employer's Egregious Conduct In The Course Of A Dismissal Attracts Both Moral Damages And Human Rights Damages
The Court of Appeal for Ontario has recently issued a decision that should serve as a stark reminder to employers to treat employees respectfully and in good faith throughout the termination process.
Canada
15 Mar 2017
15
Reasonable Notice: It Goes Both Ways
In Gagnon & Associates Inc. v Jesso, 2016 ONSC 209, the defendants ("Jesso" and "Cameau") had been working as salesmen for the employer ("Gagnon") for ten years when they resigned.
Canada
15 Nov 2016
16
Failure To Mitigate In Ontario
Aylsworth v Law Office of Harvey Storm, 2016 ONSC 3938 is an interesting case that further defines the boundaries of what type of job employees can reasonably reject without failing in their duty to mitigate their wrongful dismissal damages.
Canada
1 Nov 2016
17
Bonus Entitlement For Dismissed Employees: The Ontario Court Of Appeal Weighs In
Paquette appealed on this narrow issue of entitlement to bonus payments that become payable after his dismissal but during the notice period.
Canada
14 Oct 2016
18
The Duty To Mitigate And Its Impact On Damages
Employer clients often ask during a wrongful or constructive dismissal lawsuit what damages may be awarded. One relevant consideration is the common law duty to mitigate.
Canada
26 Sep 2016
19
Terminating An Employee For Voicing His Political Opinion : What Are The Potential Consequences?
Terminating an employee for expressing his political opinions at work can be costly for an employer.
Canada
25 Aug 2016
20
Improper Comments On Social Networks: A Serious Cause Justifying Dismissal?
In such circumstances, the onus is on the employer to demonstrate that the employee was terminated for serious motives.
Canada
2 Aug 2016
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