Employment Law

Read more on Understanding Constructive Dismissal

Understanding Constructive Dismissal

TagsArticles, Employment Law

Constructive dismissal is one of the most confusing areas of employment law.  Not all employer conduct is sufficient to trigger a legitimate claim for constructive dismissal and conduct that would otherwise seem innocuous may trigger a legitimate claim. What is Constructive Dismissal? Constructive dismissal happens when an employee resigns from their position because the employer…

Read More
Read more on Should Employee Benefits Continue During the Notice Period?

Should Employee Benefits Continue During the Notice Period?

TagsArticles, Employment Law

In Ontario, the Employment Standards Act, 2000, requires an employer to continue all benefits during the notice period on termination of employment without cause.  Meaning that on termination, an employee is entitled to all extended health and dental benefits that they had during their employment during the ESA notice period.  This is not the case…

Read More
Read more on Pushing the Limits on Reasonable Notice, an Ontario Court awards 30 Months’ Notice

Pushing the Limits on Reasonable Notice, an Ontario Court awards 30 Months’ Notice

TagsArticles, Divorce, Employment Law

While the general rule of thumb for the maximum reasonable notice that a court will award to a terminated employee hovered around 24 months. Regardless of the length of service or other factors, the line in the sand for maximum reasonable notice has slowly eroded over the past few years, particularly in Ontario Courts.  This…

Read More
Read more on Repeated Breaches of Confidentiality Policy are Just Cause for Termination

Repeated Breaches of Confidentiality Policy are Just Cause for Termination

TagsArticles, Employment Law

In a recent case from British Columbia, Manak v. Workers’ Compensation Board of British Columbia (cob WorkSafe BC), 2018 BCSC 182, the court held that an employee’s repeated breaches of a confidentiality policy justified the employer to terminate her employment for cause.  In employment law, for cause terminations are exceedingly difficult to prove with the…

Read More
Read more on Can you Provide Working Notice of Termination to an Employee on Disability Leave?

Can you Provide Working Notice of Termination to an Employee on Disability Leave?

TagsArticles, Employment Law

In McLeod v. Frontier Sales, 2018 ONSC 1866, the Divisional Court of Ontario dismissed the appeal by an employer who provided working notice to an employee on disability leave and in turn, sought to reduce the amount of reasonable notice that it was required to provide.  The case confirms that working notice provided during a…

Read More
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

Our Kelowna lawyers represent clients throughout the Okanagan Valley and the rest of BC. We have a diverse practice, from personal injury representation or wills and estate planning to commercial business law or real estate transactions.

Archives