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…

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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…

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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…

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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…

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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,…

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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…

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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…

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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…

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Read more on Bullied Employee Awarded Aggravated & Punitive Damages for Wrongful Termination

Bullied Employee Awarded Aggravated & Punitive Damages for Wrongful Termination

TagsArticles, Employment Law

   In an undefended case out of Ontario, Horner v. 897469 Ontario Inc. o/a Superior Coatings, 2018 ONSC 121, a short term employee was awarded $10,000 for wrongful termination and an additional $30,000 in aggravated and punitive damages for the aggravation of her known depression and the callous manner of termination when the employer failed…

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