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Searching Content indexed under Employment Litigation/ Tribunals by Torkin Manes LLP ordered by Published Date Descending.
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Court Of Appeal Reinforces Employers' Ability To Rely On Just Cause
The recent decision, Fernandes v Peel Educational & Tutorial Services Limited, provides a useful and much needed reminder of the rights of employers when faced with serious employee misconduct.
Canada
1 Nov 2016
2
The Unexpected Costs Of "Contractors" – Peter Straszynski – Torkin Manes Legalpoint Video
Peter Straszynski discusses a recent court case that demonstrates the risks of mischaracterizing workers as independent contractors.
Canada
21 Sep 2016
3
On Second Thought: Overturning Damages Awards on Appeal
In Canada, appeal Courts are usually reluctant to overturn damages awarded by a trial judge. The rule is that an appeal Court should not interfere with the damages award, even if it would have arrived at a different result.
Canada
19 Jul 2016
4
The Dangers Of Fixed Term Employment Contracts
The recent Ontario Court of Appeal decision of Howard v. Benson Group Inc. (The Benson Group Inc.) offers a good reminder to employers of the dangers of entering into fixed term employment contracts with employees.
Canada
13 Jun 2016
5
The Risk of Delay In Signing Employment Contracts
The recent Ontario Court of Appeal decision in Holland v. Hostopia. com confirms with authority that employment contracts signed after commencement of employment will not be binding against the employee in significant respects.
Canada
3 May 2016
6
The Unexpected Costs Of "Contractors"
The Court of Appeal further upheld the trial Judge's assessment of damages on the basis of 26 months' pay in lieu of notice.
Canada
21 Apr 2016
7
Jail Time For Health & Safety
The case also serves to remind employers of the diminishing tolerance for health and safety negligence and the importance of vigilance in safety training, education and enforcement of rules for management and workers alike.
Canada
11 Mar 2016
8
Court Finds Employment Agreement Signed After Offer Letter Presented To Employee Unenforceable
It is common that during the hiring process an employer will have various discussions with the applicant
Canada
18 Jan 2016
9
Court Of Appeal Confirms Employer's Financial Circumstances Are Irrelevant In Determining Employees' Right To Common-Law Notice Of Termination
You are a senior manager at a not-for-profit or charitable organization. You have been tasked with trimming costs given a freeze on Government funding and a lack of new fundraising.
Canada
21 Dec 2015
10
It Doesn't Pay To Delay: Review Officer's Order Rescinded By Pay Equity Hearings Tribunal
Despite rumours to the contrary, pay equity has not come to a quiet end in Ontario.
Canada
23 Nov 2015
11
Can The Director Of A Corporation Be Held Personally Liable For Unpaid Wages And Termination Pay?
The Ontario Superior Court has held that the director of a closely-held corporation can be held liable for unpaid wages and termination pay under the oppression remedy.
Canada
8 Jun 2015
12
Identifying And Responding To Sexual Harassment (Video Content)
Carolyn Johnston discusses identifying and responding to sexual harassment including what sexual and gender-based harassment is, how sexual harassment can be difficult to identify and respond to, ..
Canada
23 Feb 2015
13
Workplace Investigations: Key Reasons For Hiring An External Investigator
Various situations arising in the workplace can trigger the need for an investigation
Canada
17 Oct 2014
14
Workplace Investigations
Lisa Corrente discusses Workplace Investigations including when an employer should consider hiring an external investigator and what the advantages are of hiring a lawyer as an investigator as part of the Torkin Manes LegalPoint Video Series.
Canada
10 Oct 2014
15
Human Rights Tribunal Powers: The "Big Stick" Of Reinstatement
Unlike our court, the Ontario Human Rights Tribunal has the power to reinstate employees to their employment in appropriate cases.
Canada
7 Oct 2014
16
The Anatomy Of An Enforceable Non-Competition Clause
Canadian courts have consistently held that covenants in employment agreements prohibiting a departing employee from working for a competitor are in restraint of trade, and therefore prima-facie un-enforceable.
Canada
23 Sep 2014
17
Can Partners Ever Be Employees? The McCormick Decision
In its unanimous decision in McKormick v. Fasken Martineau Dumoulin LLP, the Supreme Court of Canada decided that an equity partner in a B.C. law firm was not an "employee".
Canada
23 Sep 2014
18
Professional Services Partnerships And Human Rights Legislation
The Supreme Court of Canada has established the scope of the definition of "employee" in human rights legislation, holding that an equity partner in a law firm does not amount to an employee for the purposes of the British Columbia Human Rights Code, R.S.B.C. 1996, c.210 (the "Code").
Canada
9 Jul 2014
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