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Searching Content indexed under Employment Litigation/ Tribunals by Fasken ordered by Published Date Descending.
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1
Symptoms Of Withdrawal
The procedural directives issued by the Judge President of the Labour Court in the 2013 Practice Manual have played an invaluable role in promoting consistency and certainty in the practices of the Labour Court, ...
South Africa
16 Aug 2019
2
What's In A Tweet? Employer Does Not Have To Pay Settlement Funds After Grievor Takes To Twitter
Confidentiality is a key benefit of most settlement agreements. What happens if an employee boasts online about the details of a settlement?
Canada
14 Aug 2019
3
Constructively Dismissed? Maybe, But Get Back To Work
Further, even if an employee has started litigation against an employer, it is not too late to offer the employee his or her job back.
Canada
14 Aug 2019
4
Significant Labour Relations Code & Employment Standards Act Amendments Impact All BC Businesses
The Spring Session of the BC Legislature ended on May 30, 2019 and both the Employment Standards Amendment Act and Labour Relations Code Amendment Act were proclaimed into law on that day.
Canada
6 Jun 2019
5
Flexible Job Descriptions - How Much Can An Employee's Job Duties Be Stretched?
The employee was hired in 1997 to be the first Economic Development Manager for the municipality.
Canada
30 May 2019
6
The Department Of Labour And EE Reports: Not The End Of The Road
As most employers are aware, s 21 of the Employment Equity Act, 1998 places an obligation on designated employers to submit an annual Employment Equity Report to the Department of Labour.
South Africa
30 May 2019
7
Discrimination In The Hiring Process: What Remedies Are Available To Candidates?
When tribunals allow a discrimination complaint pursuant to the Charter of Human Rights and Freedoms, they will usually order the defendant to pay moral and/or punitive damages and in some cases order the reinstatement of the plaintiff.
Canada
13 May 2019
8
When Are Mandatory Arbitration Clauses Unenforceable?
There is a proposed class action lawsuit against Uber in Ontario.
Canada
26 Mar 2019
9
A New Factor In The Test For Reasonable Notice?
During D's employment, the Company unilaterally made several changes to the bonus plans.
Canada
6 Mar 2019
10
First Decision Of The Board On The Notion Of "Artist" Under The Status Of The Artist Act
On August 8, in Syndicat des employé(e)s de TVA, section locale 687, SCFP et Groupe TVA inc. et l'Union des artistes[1], the Canada Industrial Relations Board rendered a decision in which it examines ...
Canada
16 Oct 2018
11
Proactive Investigations: An Ingredient To Success
A recent decision out of British Columbia highlights a common pitfall when employers terminate employees for cause: failing to thoroughly and proactively investigate the facts and circumstances regarding the alleged misconduct or neglect of duty.
Canada
16 Oct 2018
12
Sexual Orientation Does Not Excuse Inappropriate Conduct
On that basis, the Tribunal ordered the complainant to pay costs to the District.
Canada
15 Oct 2018
13
Suspension Without Pay And Constructive Dismissal: A Refresher
The employer, Complex Services Inc. (Complex), operates a casino.
Canada
15 Oct 2018
14
Not All Questions Are Good Questions: Avoiding Discriminatory Interview Practices
The Commission ordered that she be granted the position.
Canada
15 Oct 2018
15
Consent To Medical Testing – Not A Justification: When Can An Employer Require An Employee To Submit To A Medical Examination?
Section 7(1) of the EEA prohibits medical testing of an employee unless the legislation permits or requires the testing or it is justifiable in light of medical facts, employment conditions...
South Africa
23 Oct 2017
16
Employer Rights During A Unionization Campaign: More Than You Think! | The HR Space
In Québec, as in other Canadian jurisdictions, when a union applies for certification to represent a group of employees, the employer is not left without rights or remedies.
Canada
25 Aug 2017
17
Broader Workplace Harassment Claims: Is Canada Becoming More Litigious?
Can a Canadian employee sue an employer for harassment which is unrelated to a discrimination claim? The answer used to be no; but this is changing.
Canada
18 Aug 2017
18
A Fine Line Of Reasoning – The Distinction Between Dismissals For Incapacity And Operational Requirements
In terms of the South African Labour Relations Act, 1995 ("LRA") an employer may only dismiss an employee for a fair reason and in accordance with a fair procedure.
South Africa
17 Aug 2017
19
Ne prenez pas de chance : l'incertitude entourant les clauses de fin d'emploi selon les exigences minimales de la LNE | L'Espace RH
En janvier 2017, la Cour supérieure de justice de l'Ontario a rendu sa décision dans l'affaire Cook c. Hatch (PDF-disponible en anglais seulement) (« Cook ») confirmant l'application d'une clause...
Canada
7 Jul 2017
20
Don't Take A Chance On It: The Uncertainty Of ESA-Only Termination Clauses | The HR Space
In January 2017, the Ontario Superior Court of Justice released its decision in Cook v. Hatch upholding a less than perfect termination clause that failed to reference statutory severance pay or provide...
Canada
7 Jul 2017
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