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Searching Content indexed under Unfair/ Wrongful Dismissal by Miller Thomson LLP ordered by Published Date Descending.
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1
Katz Et Al. v. Clarke: Ontario Divisional Court Upholds Termination Of Employee Due To Frustration Of Contract
The Ontario Divisional Court recently upheld an employer's decision to terminate an employee for frustration of contract, affirming that it is "inherently impossible" to accommodate an employee
Canada
20 Aug 2019
2
Consuming Medical Marijuana At Work Can Get One Fired
The termination of an employee observed using cannabis while driving a Town vehicle has been upheld in Saskatchewan.
Canada
5 Jul 2018
3
Ontario Court Of Appeal Applies Settled Law On Constructive Dismissal And Signals Change On The Duty To Mitigate
The recent Ontario Court of Appeal decision in Brake v. PJ-M2R Restaurant Inc. is worthy of note for its commentary on a number of legal principles in employment law.
Canada
22 Aug 2017
4
Employers May Be Held Liable For Improperly Terminating An Employee For Poor Performance
In Cottrill, the employee was employed as a skincare therapist who provided facials, pedicures and other treatments for clients of the employer.
Canada
30 Jun 2017
5
Termination Clause: Money Saver Or Bust
A termination provision in an employment agreement can be a valuable tool to limit the cost of terminating an employee on a without cause basis.
Canada
31 Mar 2017
6
Private School Teacher Termination Upheld
This past June, the Ontario Court of Appeal (the "Court of Appeal") overturned a wrongful dismissal decision from the Ontario Superior Court of Justice.
Canada
6 Feb 2017
7
Résiliation De Contrat Par Le Client : Bonne Foi Requise
Au Québec, la loi[1] prévoit qu'un client peut résilier à sa simple discrétion et à tout moment un contrat de service, tel un contrat de construction, de gestion de projet ou de conseils professionnels.
Canada
18 Jan 2017
8
"Without Cause Terminations" And A Possible "Duty Of Reasonable Exercise Of Discretionary Powers"
In the fall of 2015, Madam Justice Yungwirth of the Alberta Court of Queen's Bench penned a decision that caused employers to take notice.
Canada
17 Jan 2017
9
FRENCH TRANSLATION: Les Employeurs Sous Réglementation Fédérale Ne Peuvent Procéder À Congédiement Sans Motif Valable
La Cour suprême du Canada a rendu la décision que les experts en matière de droit de l'emploi attendaient dans la cause Wilson c. Énergie Atomique du Canada, renforçant la conviction de l'écrasante majorité des arbitres et spécialistes en droit du travail pour qui l'objectif de la partie III du Code canadien du travail (le « Code ») consiste à veiller à ce que les employés fédéraux non syndiqués aient le droit d'être protégés contre tout congédiement sans motif valable.
Canada
27 Jul 2016
10
Federally Regulated Employers Cannot Terminate "Without Cause"
The Code applies to federally regulated employers primarily in the banking, broadcasting, telecommunications, interprovincial transportation and aeronautics sectors.
Canada
21 Jul 2016
11
Benefits After Termination
Unless a written employment contract says otherwise (and absent just cause), employees are entitled to reasonable notice of termination.
Canada
1 Jun 2016
12
Part 1: Changes To Terms Of Employment In An Economic Downturn
During the current recession, employers may be tempted to make substantial changes or dismiss a portion of their workforce to reduce operating costs.
Canada
24 Feb 2016
13
Can Employers Terminate Disobedient Employees For Cause?
It is generally understood that employees must follow the lawful orders of their employers and may be disciplined for disobeying such orders.
Canada
15 Feb 2016
14
Butt-Dial Gets Moonlighting Employee In The End
The inadvertent pocket-dial or "butt-dial" has happened to everyone. In most cases, there are no real consequences, other than a puzzled or frustrated person on the other end of the call.
Canada
12 Oct 2015
15
Wilson v. Atomic Energy Of Canada: What Is A "Just Dismissal"?
On July 9th, the Supreme Court granted leave to appeal from the judgment rendered by the Federal Court of Appeal in Wilson v. Atomic Energy Canada Ltd.
Canada
28 Jul 2015
16
Alberta Case Provides Precedent For Summary Dismissal Of Long Serving Supervisor
Taken individually, none of the things that a long-serving manager did justified dismissal with cause.
Canada
7 Jul 2015
17
A Word Of Caution For Employers: Unauthorized Deductions From An Employee's Wages May Amount To Constructive Dismissal
In Rothberger, the plaintiff worked for the defendant as a seasonal excavator operator from 2001 to 2012.
Canada
24 Jun 2015
18
Termination For Employee Misconduct OutsideTthe Workplace
In his November 2014 Communique "Let's Take This Outside: Can Employers Discipline Employees for Off-Duty Conduct?", Cole Lefebvre canvassed a number of cases in which the courts had to assess terminations employee misconduct outside the workplace.
Canada
17 Jun 2015
19
Federal Unjust Dismissal Process: Is An Evidentiary Hearing Required In "Without Cause" Cases?
In our Labour and Employment Communiqué of February 4, 2015 titled "Unjust Dismissal Clarified: Without Cause Terminations Not Prohibited by the Canada Labour Code," we reported on the Federal Court of Appeal’s decision in Wilson v. Atomic Energy of Canada.
Canada
1 Apr 2015
20
Federal Unjust Dismissal Process: Is An Evidentiary Hearing Required In "Without Cause" Cases?
The Court of Appeal's decision in Wilson was a positive development for federally regulated employers because it reduced the burden placed on those employers when terminating certain employees.
Canada
31 Mar 2015
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