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Searching Content indexed under Unfair/ Wrongful Dismissal by Cox & Palmer ordered by Published Date Descending.
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1
Revisiting Pound V. iWave: Lessons For Employers
Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment...
Canada
8 Aug 2018
2
Mitigation Income: What's In And What's Out?
Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof.
Canada
18 Aug 2017
3
Case Law Update: Evans v Avalon Ford Sales (1996) Limited
Earlier this year, the Newfoundland and Labrador Court of Appeal unanimously upheld the decision of the Trial Division in Evans v Avalon Ford Sales (1996) Limited.
Canada
22 Jun 2017
4
Terminating A Probationary Employee? Not So Fast…
The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.
Canada
12 Apr 2017
5
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
6
Termination Clauses: Nova Scotia Supreme Court Weighs In
In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts...
Canada
15 Nov 2016
7
Employee's Failure To Disclose Medical Marijuana Use A Factor In Establishing Just Cause For Dismissal
A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.
Canada
3 Nov 2016
8
Terminated Employee Entitled To Bonus Payments
An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan's express terms...
Canada
13 Sep 2016
9
Labour Arbitration: When Are Damages In Lieu Of Reinstatement An Appropriate Remedy?
In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.
Canada
24 Jun 2016
10
Substantial Changes To Employment For Employee Returning From Maternity Leave = Significant Damage Award
Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers.
Canada
4 May 2016
11
Employers Appealing EI Decisions: Do So At Your Own Risk
Many employers find themselves in a difficult position when they are advised by Service Canada that an employee they terminated for just cause has applied, and been approved, for Employment Insurance ("EI") benefits.
Canada
10 Mar 2016
12
Can't Afford To Keep Them, Can't Afford To Fire Them: Poor Finances Do Not Reduce Termination Obligations
Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.
Canada
10 Feb 2016
13
Notice Periods For Without Cause Terminations
The key case setting out the factors to be considered when determining the applicable common law notice period is Bardal v. Globe and Mail, [1960] O.J. No. 149.
Canada
4 Feb 2016
14
#Familystatus: A Top Trend In 2015 Canadian Employment Law
Several of our publications this year have outlined several court's consideration of "family status" under human rights legislation regarding an employer's obligation to accommodate an employee with respect to childcare duties.
Canada
24 Dec 2015
15
The Duty To Mitigate: When Is An Employee Required To Accept An Offer To Return To The Same Employer?
Frederickson was employed with Newtech, a small business specializing in making dental crowns, for more than eight years.
Canada
1 Dec 2015
16
One Strike And You're Out: Employer's Just Cause Dismissal Upheld
The employee, Ms. Steel ("Steel"), made a summary judgment application to the Supreme Court of British Columbia ("BCSC") for damages for wrongful dismissal from her employment...
Canada
8 Oct 2015
17
Employee Wrongfully Terminated For Breach Of Trust
The growth of social media and its integration into our lives and the workplace continues to evolve.
Canada
23 Sep 2015
18
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
19
Danger Ahead: Beware Of Changes To Employment Agreements
To appreciate the dangers of varying employment terms, we must start with the foundations of contract law.
Canada
2 Sep 2015
20
A Rare Success For Employers: An Employee's Failure To Mitigate
It is well-established that employees have a legal obligation to minimize damages post-termination by attempting to find comparable alternative employment.
Canada
17 Jul 2015
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