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Searching Content indexed under Employment Litigation/ Tribunals by Bennett Jones LLP ordered by Published Date Descending.
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1
Pumping The Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action
Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors?
Canada
19 Feb 2018
2
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
3
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
4
On Strict Terms: Wording Of Termination Provision Not What The Employer Does Determines Enforceability
The Court of Appeal's decision in Wood affirms that termination provisions must be interpreted by their strict language alone, and implementing a termination in accordance with the Employment Standards Act...
Canada
13 Mar 2017
5
Court Reminds Arbitrators And Employers: Proper Investigation Of Employee Medical Marijuana Use A High Priority
The courts have again reminded employers — and arbitrators — of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana....
Canada
20 Feb 2017
6
Reliance On The Employment Contract–AKA "But It's Not Fair"
Canadian courts have often been swayed by arguments of fairness from plaintiff employees regarding the interpretation of their employment contracts in an employment dispute.
Canada
8 Feb 2017
7
Don't Lose Your Day Job: Court Rules Against Moonlighting Employee
Can an employee keep his or her full-time job, while operating a personal business on the side (also known as moonlighting)?
Canada
8 Feb 2017
8
Court Reminds Arbitrators And Employers: Proper Investigation Of Employee Medical Marijuana Use Is A High Priority
The courts have again reminded employers–and arbitrators–of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana...
Canada
27 Jan 2017
9
Alberta Court Of Appeal Revisits Contractual Good Faith Principles
The organizing principle of good faith and the duty of honest contractual performance laid down by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin] do not give courts the ability...
Canada
12 Jan 2017
10
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
11
Cha-Ching: The High Cost Of Failing To Remedy Workplace Discrimination
Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism.
Canada
18 Jul 2016
12
Internal Investigations And Privilege: A Redux
An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen's Bench recently held in Alberta v Suncor Energy Inc.
Canada
24 May 2016
13
Fixed-Term Employment Agreements: Draft Them Carefully
Employers often use fixed-term employment agreements to limit their future severance costs owed to employees.
Canada
29 Apr 2016
14
The Court Weighs In: Termination For Social Media Misconduct
Over a decade had passed since Ellen Simonetti, dubbed the "Queen of the Sky" was fired by Delta Air Lines after her infamous "Diary of a Dysfunctional Flight Attendant" blog.
Canada
8 Sep 2015
15
Do Federal Employees Have A ‘Right To A Job'? The Supreme Court To Decide
The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd.
Canada
15 Jul 2015
16
Ontario Superior Court Awards Damages For Family Status Discrimination
Justice Healy’s January 2015 decision in Patridge v Botony Dental Corporation is likely to be on many lists of top human rights law decisions already decided this year.
Canada
5 May 2015
17
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
18
Ghomeshi Claim Faces Significant Challenges
The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public’s attention in recent days for many reasons.
Canada
6 Nov 2014
19
Ontario Divisional Court Upholds Controversial Award Of The Ontario Human Rights Tribunal
In Hamilton-Wentworth District School Board v Fair, the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal.
Canada
11 Oct 2014
20
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
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