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Searching Content indexed under Unfair/ Wrongful Dismissal by Lawson Lundell LLP ordered by Published Date Descending.
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Reason Returns To Reasonable Notice In Ontario
The Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 ("Dawe") confirmed that 24 months constitutes ...
Canada
20 Sep 2019
2
Award For $1.1 Million In Damages Is Upheld
The Ontario Court of Appeal in Ruston v. Keddco Mfg (2011) Ltd., 2019 ONCA 125
Canada
2 Apr 2019
3
Unjust Dismissal In The Federal Sector
Under the Code, federally regulated employees in non-management positions with more than 12 months of service are protected from unjust dismissal.
Canada
24 Sep 2018
4
Drafting An Effective Termination Clause - Basic Pitfalls
In the recent Ontario decision Cook v. Hatch, 2017 ONSC 47, Lederer J. wrote that "if the parties to a contract seek to limit the notice requirements in the event of a termination but understand that...
Canada
23 Mar 2018
5
Labour & Employment Update - Canada Labour Code Amendments
On June 22, 2017, Bill C-44, the Budget Implementation Act, 2017, No.1 received Royal Assent. The Act makes a number of changes to the Canada Labour Code (the "Code") that will impact federally regulated employers, both unionized and non-unionized.
Canada
1 Aug 2017
6
SCC Upholds Decision Of The Alberta Human Rights Commission That Dismissal Of Cocaine-Addicted Worker Was Not Discriminatory
In Stewart v. Elk Valley Coal Corp., the Supreme Court of Canada upheld a decision of the Alberta Human Rights Tribunal which found that the termination of an employee in a safety-sensitive environment who tested positive for cocaine ...
Canada
26 Jun 2017
7
Supreme Court Of Canada Rules That Federal Employees Are Protected From Arbitrary Dismissal
An adjudicator deciding an unjust dismissal complaint under the Code can award a wide range of remedies if they find the termination was unjust, including reinstatement of the employee.
Canada
18 Jul 2016
8
Suspension held to Constitute Constructive Dismissal: Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10
Employers frequently ask us whether they are allowed to suspend an employee, and, if they do so, whether there is a risk that the employee may sue for constructive dismissal.
Canada
13 Mar 2015
9
Canada Labour Code Does Not Prohibit Without Cause Terminations
The Federal Court of Appeal in Wilson v. Atomic Energy of Canada Ltd., 2015 FCA 17 ("Atomic Energy") confirmed that federally regulated employers can dismiss non-union employees without cause.
Canada
6 Feb 2015
10
Constructive Dismissal: Should I Stay or Should I Go?
This article discusses employee constructive dismissal claims becoming commonplace and the questions an employee might ask themselves when faced with a difficult working environment.
Canada
7 Feb 2014
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