Read more on Employees May be Liable for Personal Wrongdoings While at Work

Employees May be Liable for Personal Wrongdoings While at Work

TagsArticles, Employment Law

In a recent Ontario Court of Appeal decision, Sataur et al. v. Starbucks Coffee Canada Inc. et al., 2017 ONCA 1017, the liability of an employee’s wrongdoing, even during the course of their employment, was deemed to potentially attract personal liability, rather than shifting the liability to the employer. The plaintiff in this case, Sataur…

Read More
Read more on Refusal of a Job Offer does not Constitute Failure to Mitigate

Refusal of a Job Offer does not Constitute Failure to Mitigate

TagsArticles, Employment Law

In a recent decision, Dussault and Pugliese v. Imperial Oil Limited, 2018 ONSC 1168, the court addressed the issue of the need for a plaintiff to mitigate their damages on termination and whether an offer by the successor company of the employer defendant of re-employment constituted reasonable mitigation. At the time of the termination, the…

Read More
Read more on Changing Employment Agreements Without Risking Constructive Dismissal Claims

Changing Employment Agreements Without Risking Constructive Dismissal Claims

TagsArticles, Employment Law

Case Details Late last year, the Ontario Superior Court of Justice in Hagholm v. Coreio Inc., 2017 ONSC 7713, made a decision that addressed the issue of an employer’s unilateral amendment of an existing employment contract and whether such amendments can result in the constructive dismissal of a long-term employee. The plaintiff, in this case,…

Read More
Read more on Can An Employee’s Off-Duty Conduct Constitute “Just Cause” for Termination?

Can An Employee’s Off-Duty Conduct Constitute “Just Cause” for Termination?

TagsArticles, Employment Law

 Whether it is drunken misadventures going viral on the internet, or hostile and negative social media rants, the nagging question remains; can an employer terminate an employee for “just cause” for the employee’s off-duty conduct?   The short answer is, it depends.  It depends on: the type of conduct; the proximity of the conduct to…

Read More
Read more on Ambiguous Termination Clauses Don’t Limit Notice Entitlements

Ambiguous Termination Clauses Don’t Limit Notice Entitlements

TagsArticles, Employment Law

  The Court of Appeal of Alberta recently released its decision in Holm v. AGAT Laboratories Ltd., 2018 ABCA 23.   Holm v. AGAT is a case regarding constructive dismissal in which the court focused on termination clauses in the plaintiff’s employment agreement, which limited notice to the minimums required under Alberta’s Employment Standards Code. In…

Read More
Read more on Off-Duty Firefighter Wrongfully Terminated after DUI Arrest in Fire Department Vehicle

Off-Duty Firefighter Wrongfully Terminated after DUI Arrest in Fire Department Vehicle

TagsArticles, Employment Law

  A recent decision out of Kelowna, B.C., found a long-term West-Kelowna firefighter, Kerry Klonteig, to be wrongfully terminated after he was arrested for impaired driving in a Fire Department vehicle while off-duty. The plaintiff in Klonteig v. District of West Kelowna, 2018 BCSC 124, who had been a firefighter for the District of West…

Read More