Searching Content indexed under Employment Litigation/ Tribunals by McCarthy Tétrault LLP ordered by Published Date Descending.
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Ontario Court Of Appeal Overturns 30 Month Notice Period
Employers can breathe a sigh of relief after the Ontario Court of Appeal (the "Court of Appeal") reduced the unconventional 30 month notice period awarded to a long-service
22 Jul 2019
The Duty To Accommodate & Frustration Of Contract: Summary Judgement Can Be An Effective Strategy For Employers
In Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Superior Court of Justice (Divisional Court) recently held that a motion judge erred in law in the application of the legal principles concerning frustration...
15 Jul 2019
Alberta Court Of Appeal Confirms Directors Potentially Liable For Injuries Suffered On Job Site
The Alberta Court of Appeal ("ABCA" or the "Court") in Hall v Stewart recentlyconfirmed that a director can be held liable for a workplace accident where the director had a certain degree of
2 May 2019
Form And Substance: Mass Termination And Working Notice Requirements Clarified By Ontario Court Of Appeal
A number of high profile store and plant closure announcements have put the spotlight on challenges gripping the retail ...
22 Apr 2019
Appeal Court Reaffirms High Bar For Awarding Mental Distress Damages
In Cottrill v. Utopia Day Spas and Salons Ltd.,[1]a recent decision of the British Columbia Court of Appeal, the Court set aside an award of $15,000 in aggravated damages to a wrongfully dismissed
14 Dec 2018
Determination Of Reasonable Notice Is Not Appropriate For Summary Judgment, Alberta Court Determines
In Coffey v Nine Energy Canada Inc., 2018 ABQB 898, the Alberta Court of Queen's Bench confirmed the master's decision that summary judgment was inappropriate for the assessment of damages...
30 Nov 2018
Introducing "Cogent Evidence" That A Matter Is "Highly Contentious" To Avoid Certification: A Look At Commonality In Employment Class Actions
On August 17, 2018, in Azar v. Strada Crush Limited, 2018 ONSC 4763, Morgan J. certified a class action under Ontario's Employment Standards Act, 2000 ("ESA").
24 Sep 2018
BCSC Finds Off-Duty Administrative Driving Prohibition Is Not Just Cause For Dismissal Of Firefighter
The British Columbia Supreme Court's decision in Klonteig v. West Kelowna (District), 2018 BCSC 124, offers guidance to employers about terminating an employment relationship for conduct occurring outside working hours.
9 Aug 2018
"No Free Pass": Ontario Superior Court Rules That Dismissed Employee Failed To Mitigate Damages By Retraining
In the recent wrongful dismissal case, Benjamin v. Cascades Canada ULC, 2017 ONSC 2583, the Ontario Superior Court of Justice found that an employee failed to mitigate his damages by deciding to retrain rather than...
9 Aug 2018
BCCA Issues Guidance On The Role Of Unions In The Employee Accommodation Request Process
In Telus Communications Inc. v. Telecommunication Workers' Union, 2017 BCCA 100, the BC Court of Appeal held that the Telecommunications Workers' Union ...
1 Feb 2018
BC Supreme Court Awards Aggravated Damages In The Absence Of Medical Evidence
In the wrongful dismissal case, Ensign v. Price's Alarm Systems, 2017 BCSC 2137, the British Columbia Supreme Court made an aggravated damages award in the absence ...
25 Jan 2018
"Asking For Trouble": BC Human Rights Tribunal Considers Whether Interview Questions Crossed The Line
The interview process can be a legal minefield for employers. One false step, one inappropriate question can give rise to a human rights complaint alleging that the employer has discriminated ...
27 Oct 2017
Employee's Secret Recording Of Meetings With Management Contributes To Finding Of Just Cause For Dismissal
A recent decision from the Manitoba Court of Queen's Bench supports that an employee's use of his work phone to secretly record meetings with management may support an employer's decision to terminate for just cause.
19 Oct 2017
British Columbia Supreme Court Rules On Reasonable Notice When An Employee Is Terminated Before Their First Day Of Work
In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff's employment before he commenced work.
7 Sep 2017
"Waiving" Goodbye To Solicitor-Client Privilege
There are a number of reasons an employer may retain a lawyer to conduct an investigation: investigative experience, to avoid a potential or actual conflict of interest, to avoid potential bias and the perception thereof, ...
1 Sep 2017
Supreme Court Of Canada Upholds Dismissal Of Employee For Failing To Disclose Cocaine Use In Violation Of "No Free Accident Rule"
In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada recently reaffirmed the two-part test for discrimination in the workplace.
11 Jul 2017
Can An Employment Agreement Executed After The Employee Starts Work Be Enforced? The Ontario Court Of Appeal Says Yes.
Julia Wood received an offer for employment from Fred Deeley Imports ("Deeley") on April 17, 2007. Wood accepted the offer during the phone call, and later received an email from Deeley which outlined...
27 Apr 2017
BC Supreme Court Clarifies Law Regarding Employment Probation
The British Columbia Supreme Court recently addressed key issues regarding probationary periods in employment contracts.
16 Mar 2017
Reasonable Offer Prevents Litigious Complainant From Proceeding At BC Human Rights Tribunal
A recent decision of the BC Human Rights Tribunal serves as a useful reminder of the utility of a reasonable settlement offer, which can result in the Tribunal putting an end to complaint proceedings without a hearing.
23 Feb 2017
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