Alberta Court of Appeal: Employees Entitled to Common Law Reasonable Notice When Termination Clause Is Ambiguous
Precedential Decision by Judiciary or Regulatory Agency
Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler
In [Bryant], 2022 ABCA 220, the Alberta Court of Appeal found three long-term employees who signed a standard form employment contract with a termination clause entitling them to "sixty (60) days or more written notice," were entitled to common law reasonable notice because the termination clause was not sufficiently clear, unequivocal and unambiguous.
Alberta Court of Appeal: Employee Must Express Lack of Consent to Employer's Unilateral Compensation Reduction Quickly
Precedential Decision by Judiciary or Regulatory Agency
Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler
In [Kosteckyj], 2022 ABCA 230, the Alberta Court of Appeal found that an employee who does not accept a unilateral reduction in compensation should say so quickly as their failure to do so may cause a constructive dismissal claim to fail.
Ontario Court of Appeal: Employers' Discretion in Awarding Discretionary Bonuses Must be Exercised Fairly and Reasonably
Precedential Decision by Judiciary or Regulatory Agency
Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler
In [Bowen], 2022 ONCA 614, the Ontario Court of Appeal put employers on notice that their discretion in awarding discretionary bonuses is not unconstrained and must be exercised fairly and reasonably.
Ontario Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes
Precedential Decision by Judiciary or Regulatory Agency
Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler
In a recent case (2022 CanLII 78173), an arbitrator decided that a mandatory vaccination policy requiring employees in two long-term care homes to receive three doses of the COVID-19 vaccine was reasonable.
Canada Removes All COVID-19 Entry Restrictions for All Travelers Regardless of Citizenship Effective October 1, 2022
Important Action by Regulatory Agency
Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler
Effective October 1, 2022, Canada's COVID-19 entry restrictions were removed for all travelers regardless of citizenship, and Transport Canada removed existing travel requirements.
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