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Searching Content indexed under Employment Litigation/ Tribunals by Cox & Palmer ordered by Published Date Descending.
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1
Minimum Wage Is Not Just For Hourly Employees
The recent New Brunswick Court of Appeal decision, J. Clark & Son, Limited v. New Brunswick, 2019 NBCA 31 provides guidance on to whom the minimum wage applies.
Canada
30 Jul 2019
2
Signing Your Name On The Dotted Line Is Not Always Enough: A Signed Employment Contract May Not Be Enforceable
The termination of a long-term employee without cause can result in a significant liability for an employer. Employers can reduce their liability by having a signed employment contract
Canada
24 Jun 2019
3
Employment & Labour – Top Ten Cases Of 2018
2018 saw a number of developments in employment and labour law.
Canada
18 Jan 2019
4
Intention Irrelevant In Breach Of Drug And Alcohol Policy
Terra Nova Employers' Organization v Communications, Energy and Paperworkers Union, Local 2121, 2018 NLCA 7
Canada
4 Jun 2018
5
Breaching Duty Of Care: Can Individual Employees Be Personally Liable?
A recent decision of the Ontario Court of Appeal, Sataur v Starbucks Coffee Canada Inc., 2017 ONCA 1017, addressed the issue of whether individual employees can be personally liable...
Canada
12 Apr 2018
6
Settlement Agreements: Essential Terms And The Importance Of Consensus
A recent decision of the Supreme Court of Newfoundland and Labrador, Mifflin v North Atlantic Refining Limited, 2017 NLTD(G) 140, demonstrates that Employers may be held to a settlement agreement...
Canada
24 Nov 2017
7
Working Notice Not Appropriate For Employees On Medical Leaves Of Absence
He was consequently unable to work and, without objection from the Employer, was placed on an unpaid leave of absence.
Canada
17 Aug 2017
8
SCC Declares Termination For Impairment In The Workplace Not Discriminatory
Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.
Canada
13 Jul 2017
9
Case Law Update: Evans v Avalon Ford Sales (1996) Limited
Earlier this year, the Newfoundland and Labrador Court of Appeal unanimously upheld the decision of the Trial Division in Evans v Avalon Ford Sales (1996) Limited.
Canada
22 Jun 2017
10
Agree To Disagree: No Constructive Dismissal Where Employer Wrongfully Withholds $329,687 From Employee
The Ontario Court of Appeal has offered employers some solace in handling disputes with employees over the proper interpretation of the employment contract.
Canada
25 Apr 2017
11
Terminating A Probationary Employee? Not So Fast…
The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.
Canada
12 Apr 2017
12
Casual Worker Permitted To Sue Employer For Injuries Resulting From Workplace Accident
Workers' Compensation generally operates like a form of insurance in that it provides wage replacement and medical benefits to employees who are injured in the course of their employment.
Canada
23 Mar 2017
13
Illegal Drugs In The Workplace: The Test To Establish Possession
The possession and use of illegal drugs in safety-sensitive workplaces continues to be a prevalent issue in Canadian labour law.
Canada
15 Mar 2017
14
The Beginning Of The End Of A Different Legal Test For Family Status Discrimination?
Misetich v Value Village Stores Inc., 2016 HRTO 1229, a recent decision from the Human Rights Tribunal of Ontario that considered an employee's eldercare responsibilities...
Canada
7 Dec 2016
15
11 Steps To Minimize Holiday Party Liability
It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.
Canada
30 Nov 2016
16
Termination Clauses: Nova Scotia Supreme Court Weighs In
In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts...
Canada
15 Nov 2016
17
Medicinal Monday To Fridays: When Employees Are Under The Influence Of Medicinal Marijuana
The recent arbitration decision, Unifor, Local 2001 NB v Old Dutch Foods Ltd, 2016 CanLII 61672 (NB LA) Arbirtrator Doucet addresses the emerging topic of managing medical marijuana in the workplace.
Canada
14 Nov 2016
18
Employee's Failure To Disclose Medical Marijuana Use A Factor In Establishing Just Cause For Dismissal
A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.
Canada
3 Nov 2016
19
Sexual Harassment And The Perils Of Failing To Manage Workplace Decorum
The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick, highlights the dangers in failing to confront employee "bad" behaviour and being lax with policy...
Canada
4 Oct 2016
20
Terminated Employee Entitled To Bonus Payments
An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan's express terms...
Canada
13 Sep 2016
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