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Searching Content indexed under Employment Litigation/ Tribunals by Carl Cunningham ordered by Published Date Descending.
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Courts Will Not Sever Defective Termination Provisions
North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced.
Canada
14 Nov 2017
2
Supreme Court Upholds Termination For Breach Of Drug And Alcohol Policy
The Court upheld the prior decisions of the Alberta Court of Appeal and Alberta Human Rights Tribunal, finding that the termination of an employee with a cocaine addiction was due to the employee's breach of a Drug and Alcohol Policy...
Canada
10 Jul 2017
3
Federally Regulated Employers Need Just Cause To Terminate Non-Union Employees
In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the "unjust dismissal" provisions...
Canada
22 Jul 2016
4
The Supreme Court Of Canada Clarifies Test For Constructive Dismissal
If an employer puts a non-unionized employee on an indefinite administrative suspension with full pay but without explaining why, can this amount to a constructive dismissal?
Canada
1 Apr 2015
5
Court of Appeal Denies Certification in Another Misclassification Overtime Class Action
In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce.
Canada
9 Oct 2014
6
Duty To Accommodate On Family Status Clarified In The Federal Sphere
The Federal Court of Appeal confirmed that "family status" includes childcare obligations.
Canada
22 May 2014
7
The Duty To Accommodate Family Status (And Potentially Lifestyle Choices Too)
In an update last October we advised you that the Ontario Human Rights Tribunal established a new test for an employer’s duty to accommodate on the basis of family status.
Canada
1 Mar 2013
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