Searching Content indexed under Unfair/ Wrongful Dismissal by Blake, Cassels & Graydon LLP ordered by Published Date Descending.
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Court Of Appeal Confirms: Reasonable Notice Is Capped At 24 Months, Absent Exceptional Circumstances
Employers can breathe easy once again knowing that common law reasonable notice is still capped at 24 months, absent exceptional circumstances.
1 Aug 2019
Quebec Court Of Appeal's Analysis On Untimely Resignations And The Duty Of Loyalty Of Employees
The Quebec Court of Appeal has established that employees who terminate their employment relationship without notice may work for a competitor without necessarily violating their duty of loyalty.
7 Dec 2018
Ontario Court Clarifies Employers' Duties In Mass Termination Cases
The statutory notice period in Wood was eight weeks since there were more than 50 employees and fewer than 200 employees impacted in the mass termination.
26 Sep 2018
Top 10 Issues For Employers, Issue #7: Obligations When Terminating Without Cause
This is the seventh instalment in our Top 10 Issues for Employers series. This issue addresses termination entitlements upon a "without cause" dismissal.
21 Mar 2017
Styles Overturned: Alberta Court Of Appeal Clarifies Treatment Of Incentive Payments Upon Termination
Mr. Styles had been employed by AIMCo for less than four years at the time his employment was terminated.
12 Jan 2017
No Cause? No Dismissal: SCC Confirms Federally Regulated Employees Entitled To Enhanced Protection
The Supreme Court of Canada (SCC) has finally settled the highly contested question of whether federally regulated non-unionized employees can be dismissed without cause.
22 Jul 2016
SCC Revisits Constructive Dismissal In Potter V. New Brunswick Legal Aid Services Commission
On March 6, 2015, the Supreme Court of Canada (SCC) revisited and clarified the common law test for constructive dismissal in Potter v. New Brunswick Legal Aid Services Commission.
13 Mar 2015
New Challenges For Old Laws: B.C. Court Considers Employee Misuse Of Social Media
The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union is the first reported court decision to consider termination of a non-union employee for postings made on a social media platform.
29 Jan 2015
B.C. Court Of Appeal Finds Just Cause To Terminate Manager Over Misuse Of Company Property
The British Columbia Court of Appeal allowed the appeal of a wrongful dismissal case on the basis that the trial judge erred in characterizing the dishonest conduct of an employee.
13 Jan 2015
Québec Court Of Appeal Reiterates Principles Applicable To Notices Of Termination
In its recent decision in "Allstate du Canada c. Daunais", the Court of Appeal of Québec overturned a judgment of the Superior Court of Québec.
1 May 2014
Alberta Court Of Appeal Clarifies Fiduciary Obligations Of Employees
The Alberta Court of Appeal released its judgment in Evans v. The Sports Corporation on January 18, 2013, in which the fiduciary relantionship between employee and employer was analysed.
23 Jan 2013
B.C. Court Of Appeal Awards Notice After Employee Quits
The British Columbia Court of Appeal (the Court) released its decision in Giza v. Sechelt School Bus Service Ltd. on January 13, 2012.
25 Mar 2012
Alberta Court Of Appeal Affirms And Clarifies The Law Of Restrictive Covenants In Employment Relationships
In "Globex Foreign Exchange Corporation v. Kelcher", the Alberta Court of Appeal affirmed and clarified several aspects of the law concerning the enforceability of restrictive covenants in employment relationships.
10 Nov 2011
Court of Appeal Reduces Landmark Punitive Damages Award Against Employer
On September 29, 2006, the Ontario Court of Appeal released its much-anticipated decision in Keays v. Honda Canada Inc. In a 2-1 decision, the Court of Appeal upheld the trial judge’s award of 24 months’ pay in lieu of notice, but significantly reduced the punitive damages award from CAD 500,000 to CAD 100,000.
30 Oct 2006
Duty To Accommodate — Recent Québec Decisions
Over the last few years, Québec courts and tribunals have rendered many interesting decisions discussing an employer’s duty to accommodate employees who are handicapped or have special needs.
5 Oct 2005
Incompetence or Poor Performance — Just Cause for Dismissal?
In the employment context, just cause for dismissal means that the employer has an appropriate reason or "justification" for firing an employee. In such a situation, the employer is relieved of the obligation to provide notice of termination, or payment in lieu of such notice.
28 Sep 2005
Accommodation — How Far Must Employers Go?
Canadian human rights legislation prohibits employers from discriminating against employees on various prohibited grounds. One of the most difficult challenges for employers is fulfilling the duty to accommodate employees to the point of undue hardship. Recent trends demonstrate that discrimination and accommodation issues are increasingly complex, forcing employers to consider questions they are not always well-equipped to answer. For example, aging workforces, treatment of individuals with cog
1 Feb 2005
Update on Discharge and Discipline
Recent arbitration awards have addressed four potential grounds for discipline or discharge of interest to unionized employers. Disclosure of Confidential Documents and Public Criticisms This topic is increasingly of interest to employers balancing the need for employee loyalty with employees’ privacy rights. Where the employer is a public body, arbitrators have also considered the need to maintain the public’s trust and keep the public informed of the government’s activities.
1 Feb 2005
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