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Searching Content indexed under Unfair/ Wrongful Dismissal by McCarthy Tétrault LLP ordered by Published Date Descending.
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1
Ontario Court of Appeal: Upon Termination, Employee's Shareholder Rights Distinct From Common Law Entitlements
In Mikelsteins v Morrison Hershfield Limited[1], the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection
Canada
11 Sep 2019
2
The High Cost Of A Few Tweets: Grievor Loses Right To Collect Payment After Breaching Settlement Agreement
That case involved the breach of a previous settlement of the discharge grievances of Professor Rick Mehta.
Canada
27 Aug 2019
3
64-Year-Old Employee Entitled To Unilaterally Rescind Retirement Notice Weeks Later: Ontario Court Of Appeal
Less than three weeks later, on October 11, 2016, Manulife announced that it would not be proceeding with the computer conversion.
Canada
1 Aug 2019
4
Ontario Court Of Appeal Overturns 30 Month Notice Period
Employers can breathe a sigh of relief after the Ontario Court of Appeal (the "Court of Appeal") reduced the unconventional 30 month notice period awarded to a long-service
Canada
22 Jul 2019
5
Substantial Wrongful Dismissal Claim Deflated By Employee's Failure To Mitigate
Employees have a legal duty to mitigate wrongful dismissal damages by accepting an offer of re-employment with the same employer in certain circumstances.
Canada
13 Jun 2019
6
BC Supreme Court Denies Workplace Poisoning Claim For Constructive Dismissal
An employer must ensure that an employee's work environment is not so hostile that work becomes impossible or continued employment intolerable.
Canada
31 May 2019
8
Double Bonus: Court Sides With Employer On Bonus Entitlement, Calculation Appeals
Employers are often vexed by bonus entitlement and calculation issues when weighing termination decisions and defending claims for wrongful dismissal.
Canada
27 Dec 2018
9
Appeal Court Reaffirms High Bar For Awarding Mental Distress Damages
In Cottrill v. Utopia Day Spas and Salons Ltd.,[1]a recent decision of the British Columbia Court of Appeal, the Court set aside an award of $15,000 in aggravated damages to a wrongfully dismissed
Canada
14 Dec 2018
10
Determination Of Reasonable Notice Is Not Appropriate For Summary Judgment, Alberta Court Determines
In Coffey v Nine Energy Canada Inc., 2018 ABQB 898, the Alberta Court of Queen's Bench confirmed the master's decision that summary judgment was inappropriate for the assessment of damages...
Canada
30 Nov 2018
11
Major Changes Coming To The Canada Labour Code
On October 29, 2018, Bill C-86, the Budget Implementation Act (the "Bill"), received its first reading in the House of Commons.
Canada
29 Nov 2018
12
Projet de loi C 86 : D'importants changements s'annoncent pour les milieux de travail de réglementation fédérale
Pour les milieux de travail canadiens, 2018 fut une année de transition et de changement.
Canada
21 Nov 2018
14
BCSC Finds Off-Duty Administrative Driving Prohibition Is Not Just Cause For Dismissal Of Firefighter
The British Columbia Supreme Court's decision in Klonteig v. West Kelowna (District), 2018 BCSC 124, offers guidance to employers about terminating an employment relationship for conduct occurring outside working hours.
Canada
9 Aug 2018
15
"No Free Pass": Ontario Superior Court Rules That Dismissed Employee Failed To Mitigate Damages By Retraining
In the recent wrongful dismissal case, Benjamin v. Cascades Canada ULC, 2017 ONSC 2583, the Ontario Superior Court of Justice found that an employee failed to mitigate his damages by deciding to retrain rather than...
Canada
9 Aug 2018
16
BC Court Of Appeal Clarifies Employee'S Duty To Mitigate And Necessary Deductions For "Avoided", And "Avoidable", Loss
In Pakozdi v. B & B Heavy Civil Construction Ltd., 2018 BCCA 23, the British Columbia Court of Appeal addressed the treatment of replacement income in the calculation of damages for a wrongfully dismissed employee.
Canada
12 Mar 2018
17
BC Supreme Court Awards Aggravated Damages In The Absence Of Medical Evidence
In the wrongful dismissal case, Ensign v. Price's Alarm Systems, 2017 BCSC 2137, the British Columbia Supreme Court made an aggravated damages award in the absence ...
Canada
25 Jan 2018
18
Employee's Secret Recording Of Meetings With Management Contributes To Finding Of Just Cause For Dismissal
A recent decision from the Manitoba Court of Queen's Bench supports that an employee's use of his work phone to secretly record meetings with management may support an employer's decision to terminate for just cause.
Canada
19 Oct 2017
19
British Columbia Supreme Court Rules On Reasonable Notice When An Employee Is Terminated Before Their First Day Of Work
In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff's employment before he commenced work.
Canada
7 Sep 2017
20
Bill 17 – Proposed Changes To Alberta's Employment Standards Code
On May 24, 2017, the Government of Alberta tendered and passed first reading of Bill 17: Fair and Family-friendly Workplaces Act (the "Bill").
Canada
2 Jun 2017
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