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Searching Content indexed under Unfair/ Wrongful Dismissal by Field LLP ordered by Published Date Descending.
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1
You're Fired: Here's Your Bonus
If an employee is fired for just cause are they entitled to their performance bonus for the months worked in that year?
Canada
5 Aug 2019
2
Precise Language Needed To Override Reasonable Notice
It is fairly common for a written employment agreement to seek to limit an employee's termination notice to the minimum amount prescribed under employment standards legislation
Canada
23 Nov 2018
3
Punitive And Aggravated Damages Exceptional But Necessary Remedies
Ruston was asked to take time off work, and later he received an alert that his e-mail account was disabled.
Canada
24 Sep 2018
4
Skip The Investigation And Risk Punitive Damages
In recent cases such as Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525 and Garnett v Alberta Motor Association, 2017 ABPC 267, Alberta courts have cautioned employers...
Canada
1 Jun 2018
5
Terminated Employee Awarded Aggravated Damages for Employer's Conduct
Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play.
Canada
21 Aug 2017
6
Certain Earnings During Notice Period Not Considered Mitigation
On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court's finding that certain earnings during the notice period should not be deducted from damages for pay in lieu of notice.
Canada
18 Aug 2017
7
SCC Finds No Discrimination For Terminating Employee In Alberta Drug Addiction Case
On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. and upheld the Alberta Court of Appeal's ruling that an employer can terminate an employee...
Canada
4 Jul 2017
8
Case Update for Styles v. Alberta Investment Management Corporation
On June 1, 2017, the Supreme Court of Canada dismissed an application for leave to appeal of the decision of the Alberta Court of Appeal in Styles v. Alberta Investment Management Corporation.
Canada
9 Jun 2017
9
Don't Skimp On Statutory Minimums: Drafting An Enforceable Termination Clause
The recent decision of the Court of Appeal for Ontario in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (Wood), once again highlights that employers must be very careful...
Canada
22 Mar 2017
10
5 Tips To Avoid Constructive Dismissal Claims
A constructive dismissal claim arises when an employer unilaterally changes a fundamental term of the employment agreement and, while the employer has not directly terminated the employee...
Canada
1 Mar 2017
11
The Resignation Trap: Avoiding Unwanted Consequences When An Employee Resigns
It may be assumed that when an employee says "I quit" or walks into his employer's office, hands in his keys and says "I'm done" the employer can accept the employee's resignation and move on with replacing the employee.
Canada
2 Nov 2016
12
Canada Labour Code Clarified: Supreme Court Rules That Non-Unionized Employees Can Only Be Dismissed With Cause
At common law, a non-unionized employee may be dismissed without cause or reasons if he or she is given reasonable notice of termination or pay in lieu.
Canada
4 Aug 2016
13
Dependent Contractors Awarded 26 Months' Reasonable Notice
Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale.
Canada
22 Mar 2016
14
Canada Labour Code Does Not Grant Non-Unionized Employees A "Right To The Job"
On November 16, 2009, Mr. Joseph Wilson was dismissed without cause from his employment with Atomic Energy of Canada Limited (AECL).
Canada
13 Jul 2015
15
You Raise The Issue - Compensation And Terminating Executives
Twenty four months has generally been considered to be the upper limit for reasonable notice of termination without just cause.
Canada
3 Jun 2015
16
Navigating Notice Periods
The rationale for this principle is the presumption that executives and managers would have greater difficulty finding other employment than would lower level employees.
Canada
3 Jun 2015
17
Reasonable Notice And The Older Worker
There was once an expectation that workers would retire by age 65.
Canada
31 Mar 2014
18
A Catch To A Release
A signed release provides peace of mind that all disputes are resolved and there will be no further claims,
Canada
26 May 2013
19
Recent Alberta Court Of Queen's Bench Decision Finds That Grievance Process Communications Are Privileged
A grievance process is designed to promptly resolve workplace disputes by encouraging a frank and open dialogue between the parties.
Canada
20 Apr 2013
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