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Searching Content indexed under Employment Litigation/ Tribunals by Cassels Brock ordered by Published Date Descending.
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1
Keeping A Lid On It – Ontario Court Of Appeal Reinforces 24 Months As Presumptive Limit For Reasonable Notice Awards
In February of this year, we warned employers about the potential implications of the Ontario Superior Court of Justice's rather alarming decision in Dawe v. Equitable Insurance Company of Canada.
Canada
30 Jul 2019
2
The Enforceability Of Employment Arbitration Agreements In Question
Some employers include arbitration clauses in their standard form employment agreements as the arbitration process can be a confidential and cost-effective
Canada
3 Jul 2019
3
Ontario Court Of Appeal Upholds Extraordinary Award In Wrongful Dismissal Case
When Keddco was acquired by Canerector in 2011, Mr. Ruston was promoted to President.
Canada
26 Mar 2019
4
Sometimes Less Is More: Requesting Information Regarding A Job Applicant's Citizenship Status
A recent decision of the Human Rights Tribunal of Ontario (the HRTO) should serve as a caution to employers to limit inquiries into a job applicant's ability to legally work in Canada only ...
Canada
12 Sep 2018
5
Nothing Ambiguous About It - Ontario Court Of Appeal Brings Some Clarity To The Interpretation Of Termination Clauses
As you will recall, in April of this year, we brought you an e-LERT examining the Ontario Superior Court's decision in Bergeron v. Movati Athletic (Group) Inc. 2018 ONSC 885 (Bergeron) ...
Canada
18 Jul 2018
6
If Only It Read "Only" – Ontario Court Nullifies Termination Clause Then Proposes A Corrected Version
While the Ontario Court of Appeal has had a number of occasions in the last couple of years to weigh in on the question of what makes for an enforceable termination provision in an employment agreement, ...
Canada
26 Apr 2018
7
Ontario Superior Court Confirms That Employers Can Impose Changes In Terms Of Employment Upon Provision Of Reasonable Notice
In Lancia v. Park Dentistry, 2018 ONSC 751, the Ontario Superior Court found that an employee who resigned after her employer provided 18 months' notice of changes ...
Canada
13 Apr 2018
8
A Rare Win For An Employer's Ability To Drug Test
As Canadian employers and U.S. employers with Canadian subsidiaries well know, the climate in Canada has never been favourable to drug and alcohol testing.
Canada
29 Jun 2017
9
Denial Of Non-Discretionary Bonus Payable After Expiration Of Statutory Notice Period Upheld
In a good news decision for employers, the Court of Appeal for Ontario in Kielb v National Money Mart Company, 2017 ONCA 356, denied an employee's claim for payment of a non-discretionary...
Canada
17 May 2017
10
Court Of Appeal Confirms That Employer's Failure To Pay $330,000 Bonus Did Not Constitute Constructive Dismissal
However, not every breach of an employment agreement will constitute constructive dismissal, and the resolution of this issue can make all the difference in terms of employer liability.
Canada
26 Apr 2017
11
Guidance From The Ontario Court Of Appeal On The Enforceability Of Termination Provisions
In our overview of significant cases and trends in 2016, we reported on a series of decisions signalling a move away from the overly technical interpretation of termination clauses...
Canada
10 Mar 2017
12
How To Say What You Mean: The Importance Of Contractual Bonus Language
Having discussed the implications of employee bonus plan decisions with many clients, the common reaction seems to be: But that isn't what we meant when we drafted our plan!
Canada
13 Feb 2017
13
Top 10 Employment & Labour Law Cases And Trends In 2016
2016 was a significant year for employment law with precedent-setting decisions on a variety of issues combined with new legislation that continues to alter the Canadian employment law landscape.
Canada
4 Jan 2017
14
Court Of Appeal Reverses Trial Judge, Finds Cause And Awards Costs To Employer
The Ontario Superior Court of Justice decided that a private school had wrongfully dismissed a teacher who had committed academic fraud by submitting grades he knew to be inaccurate and then lied about it.
Canada
1 Sep 2016
15
Ontario Court Of Appeal Weighs In On Terminating Fixed Term Contracts
In May of last year we gave our readers an update on a recent Ontario decision regarding early termination of a five year fixed contract, Howard v. Benson Group Inc. Mr. Howard's employment was terminated without cause after only 23 months of service.
Canada
28 Jul 2016
16
Less Than Perfect Termination Clause Upheld
As employers have discovered in recent years, although termination clauses are a best practice, former employees will do whatever they can to set them aside following termination.
Canada
30 Jun 2016
17
Ontario Court Of Appeal Upholds Controversial Human Rights Decision Ordering Reinstatement Of Former Employee
The Ontario Court of Appeal has upheld a surprising decision from the Ontario Human Rights Tribunal that ordered a terminated employee be reinstated to her position with full seniority...
Canada
20 Jun 2016
18
Ontario Court Dismisses Claims For Constructive Dismissal And Bad Faith Damages Arising From Workplace Investigation
Claims of constructive dismissal and allegations of bad faith in the context of workplace investigations can be particularly challenging for employers.
Canada
1 Jun 2016
19
Court Of Appeal Approves 26 Months' Notice For Contractors
In January, Ontario's highest appellate court dismissed an appeal by Canac Kitchens of a decision awarding two of its contractors each 26 months' notice.
Canada
31 Mar 2016
20
Court Of Appeal Approves 26 Months Notice For Contractors
Last week, Ontario's highest appellate court dismissed an appeal by Canac Kitchens of a decision awarding two of its contractors each 26 months' notice.
Canada
5 Feb 2016
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