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1
Reasonable Notice Damages For Wrongful Dismissal Cannot Be Determined Via Summary Judgment
The decision from of the Court of Queen's Bench of Alberta in Coffey v. Nine Energy Canada Inc., 2018 ABQB 898 [Coffey], provides clarity amidst the conflicting jurisprudential landscape.
Canada
3 Jan 2019
2
Ninety-Day Administrative Driving Suspension For Impaired Driving Was Not Just Cause To Fire Assistant Fire Chief
An Assistant Fire Chief has won his wrongful dismissal suit after he was fired following a 90-day administrative driving prohibition for impaired driving while off-duty.
Canada
21 Sep 2018
3
"Communications And Conduct" Of Employer's Lawyer Regarding Sexual Harassment Investigation Were Not Privileged, Could Be Referred To In Claim, Court Decides
Over the objections of a company's employment lawyer, an Ontario court has permitted an employee to refer
Canada
9 Sep 2018
4
Safety Manager Wins Wrongful Dismissal Suit: He Had Not Failed To Complete Assigned Tasks, Court Decides
An Alberta safety manager has won $28,000 in damages after he was fired by his employer.
Canada
13 Aug 2018
5
"Sham" Investigation Results In $75,000 Aggravated Damages Award Against Employer
An employer that terminated an employee alleging just cause was ordered to pay damages for wrongful dismissal, including an award of aggravated damages of $75,000.
Canada
8 May 2018
6
Employee's "Theory" That He Was Dismissed For Questioning His Employer's Safety Systems Was Just A Theory And Was Not Evidence
A judge in a recent wrongful dismissal action dismissed the plaintiff's allegation that he was dismissed after making suggestions about improvements to the employer's safety systems.
Canada
7 Mar 2018
7
"Your Ugly Face": Employer's Condescending, Aggressive, Hostile And Profane Behaviour In One Meeting Resulted In Constructive Dismissal. Nurse Awarded 24 Months In Damages
The Ontario Court of Appeal has upheld a 24-month damage award to a long-service nurse in a doctor's office who believed that she had been fired during a hostile meeting with her employer.
Canada
13 Apr 2017
8
Is This The Definitive Word On Termination Provisions/Consideration?
A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn't, make a termination provision enforceable.
Canada
8 Mar 2017
9
Industrial Safety Specialist Properly Fired For Lying On Security Application
An Ontario judge has decided that Atomic Energy of Canada Limited had just cause to dismiss an industrial safety specialist who misrepresented his employment history in a security application.
Canada
23 Feb 2017
10
British Columbia Arbitrator Reinstates Firefighter Convicted Of Possession Of Stolen Boat
In a recent grievance decision, Re Prince George and Prince George Firefighters, Local 1372 (Williams), 2016 CarswellBC 2591, a labour arbitrator reinstated a firefighter whose employment was terminated...
Canada
11 Oct 2016
11
"Competent Supervisor" Obligation Relates To Competence In Safety, Not In Performance Management: OLRB Dismisses OHSA Retaliation Complaint
A laid-off worker's safety-retaliation complaint under the Occupational Health and Safety Act has been dismissed because it was really a complaint about management's assessment of his performance...
Canada
22 Sep 2016
12
Employer Loses Wrongful Dismissal Case After Court Finds Safety Rules Unclear
The employee worked at a solid waste facility in the Yukon.
Canada
19 Aug 2016
13
Bartender, Fired For Smoking Marijuana At Work, Loses Human Rights Complaint
A B.C. bartender has lost his human rights complaint after he was dismissed for smoking marijuana on shift.
Canada
11 Aug 2016
14
Supreme Court Of Canada To Federally Regulated Employers: No "Without Cause" Dismissals Under Canada Labour Code
In November 2009, Atomic Energy Canada Limited ("AECL") dismissed a procurement supervisor after four and a half years of service.
Canada
22 Jul 2016
15
Fired Employee's Facebook Post Calling Company "S—Hole" Showed Dismissal For Workplace Outbursts, Threat Was Indeed Appropriate
An employee who yelled and swore at a manager about a written test for a maintenance position, and a few days later took a gun out of a box in the company parking lot and "pumped it", was fired for cause...
Canada
19 Jul 2016
16
Sale Of A Business Is Not Constructive Dismissal
Mr. Boulad was director of a hotel owned by the Westmount Hospitality Group ("Westmount") an important international hotel group.
Canada
15 Jul 2016
17
Fixed Term Contracts: Damages For "Trouble And Inconvenience"
In a recent decision, the Superior Court of Quebec held that the termination of a fixed term contract of employment constitutes a breach of contract which may allow for an award of damages...
Canada
17 May 2016
18
Early Termination Of Fixed Term Contract Results In Employee Windfall (Or The Dangers Of Dubious Drafting)
The Ontario Court of Appeal recently awarded an employee, whose fixed-term contract was terminated on a without cause basis twenty-three months into a five-year term, damages reflecting the balance of his remuneration under the Agreement.
Canada
25 Apr 2016
19
Miscarriage Is A Disability
In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a "disability".
Canada
14 Apr 2016
20
Work Refusal Was Motivated By Employee's Dislike Of Work Assignment, Not By Safety: When Full Disciplinary Record Considered, Employee Was Fired For Cause
An arbitrator has upheld the dismissal of an employee who tried to use the Occupational Health and Safety Act's work refusal provisions to avoid undesired work assignments.
Canada
30 Mar 2016
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