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Searching Content indexed under Employment Litigation/ Tribunals by Borden Ladner Gervais LLP ordered by Published Date Descending.
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The Employer's Duty To Make Reasonable Efforts To Reassign Employees Before Dismissing Them For Incompetence… Continued
On May 31, 2019, the Court of Appeal handed down its decision in Commission Scolaire Kativik c. Association des employés du Nord québécois1(Kativik), regarding the criteria applicable to administrative dismissals for incompetence.
Canada
10 Jul 2019
2
The Debate Regarding The Duty To Accommodate On The Basis Of Family Status Continues…
Courts and human rights tribunals have long debated the extent of employer's legal obligations when it comes to accommodating employees in their family status responsibilities
Canada
5 Jul 2019
3
Employers Beware: Ontario Court Of Appeal Upholds Exceptional Ruling In Wrongful Dismissal Case
In its recent decision, Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125 (Keddco), the Ontario Court of Appeal upheld an extraordinary damages award and unusually high costs ruling
Canada
18 Jun 2019
4
Summary Judgment May Not Be Appropriate for Determining Reasonable Notice
​Trials are too expensive for many litigants. Summary judgment is one way of resolving disputes without a trial. In Alberta, summary judgment is available at any time during the pre-trial process.
Canada
15 Apr 2019
5
Alberta Small Claims Court Adds New Forms And Procedure Regulations
On January 1, 2019, an amendment to the Alberta Provincial Court Act, RSA 2000, c P-31 (the Act) came into effect which provides the Lieutenant Governor in Council the authority ...
Canada
12 Mar 2019
6
Court Declines To Prevent Vice-President From Joining Competitor Despite Breaches Of Fiduciary Duties
Employers wanting to protect themselves from post-employment competition by senior executives will want to heed the B.C. Supreme Court's decision in Telus Communications Inc. v. Goldberg, 2018 BCSC 1825.
Canada
7 Feb 2019
7
Employment Law: Key Decisions From 2018
The year 2018 brought forth numerous noteworthy decisions in employment law across the country. We have summarized several of these decisions below.
Canada
14 Jan 2019
8
The End Of Round Two In The Dispute Over The Right Of Managers To Unionize
On December 7, 2016, the Administrative Labour Tribunal (the ALT) decided that "first level" managers working for the Société des Casinos du Québec(the Corporation) ...
Canada
6 Dec 2018
9
The Supreme Court Rules: Parliamentary Privilege Not A Carte Blanche For Termination
In its October 5, 2018 judgment in Chagnon v Syndicat de la fonction publique et parapublique du Québec (Chagnon),1 the Supreme Court of Canada ruled that parliamentary privilege ...
Canada
11 Oct 2018
10
Alberta Court Of Appeal Clarifies Crown's Obligation In Proving Occupational Health And Safety Charges
Recently, the Alberta Court of Appeal released its decision in R v Precision Diversified Oilfield Services Corp, 2018 ABCA 273.
Canada
7 Oct 2018
11
Court Of Appeal Affirms Exercise Of Good Faith Requirement In Terminating Contractor Agreement
The Ontario Court of Appeal recently held that the rights under the termination clause must be exercised in good faith, even under an independent contractor agreement.
Canada
4 Oct 2018
12
Ontario Court Of Appeal Examines Mass Termination Requirements
In Wood v. CTS of Canada Co., 2018 ONCA 758, the Ontario Court of Appeal examined employer obligations under the province's legislated requirements during mass terminations of employment.
Canada
4 Oct 2018
13
Damages For Breach Of Non-Solicitation Clause Proves Difficult For Employer
On August 20, 2018, the Court of Appeal of Québec rendered an interesting decision in the case of Lemieux c Aon Parizeau inc. ...
Canada
4 Oct 2018
14
The Socially Unacceptable Nature Of A Criminal Offence Does Not Automatically Justify The Dismissal Of The Convicted Employee
In the era of the #MeToo movement, a considerable number of companies are demonstrating zeal in complying with their legal obligations to provide their employees with a safe working environment...
Canada
8 Aug 2018
15
The Socially Unacceptable Nature Of A Criminal Offence Does Not Automatically Justify The Dismissal Of The Convicted Employee
In the era of the #MeToo movement, a considerable number of companies are demonstrating zeal in complying with their legal obligations to provide their employees with a safe working environment...
Canada
7 Aug 2018
16
Loyalty vs. Freedom Of Expression: Who Wins The Battle In The Social Media Ring
It can no longer be ignored that social media is here to stay. It has deeply embedded itself into human interactions and the workplace has definitely not been spared.
Canada
7 Aug 2018
17
Game, Set, Equality! The Human Rights Tribunal's Decision On Gender Equality In Recreational Tennis
Miller v. InterCounty Tennis Association is a recent decision of the Ontario Human Rights Tribunal (the "Tribunal"), which highlights the broad remedies at the Tribunal's disposal and reiterates...
Canada
7 Aug 2018
18
Court Won't Hear Gender-Discrimination Class Action Against Police Service
A certification motion was recently argued before the Ontario Superior Court in a proposed class action levied against the Waterloo Regional Police Services Board (the "Board")...
Canada
31 Jul 2018
19
Don't Go Out Of Bounds! A Commentary On The Supreme Court Of Canada's Decision In Bruce V. Cohon
A recent Supreme Court of Canada decision highlights the weight attached to the collective bargaining relationship between union and employer representatives, and reaffirms...
Canada
18 Jul 2018
20
Court Of Appeal Overturns Ruling That Denying Coverage For Medical Cannabis Constitutes Discrimination
As reported in our March 2017 bulletin, a Board of Inquiry of the Nova Scotia Human Rights Commission (the "Board") had concluded that a union insurance fund had discriminated against a disabled claimant when it denied his claim for medical cannabis. In a decision dated April 12, 2018, the Nova Scotia Court of Appeal (the "Court") overturned the Board's decision.
Canada
5 Jun 2018
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