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Oct 15, 2021

Court Upholds Just Cause Termination of Long Service, 75-Year Old Employee Due to Dishonesty and Breach of Fiduciary Duty

Just cause terminations are often referred to as “capital punishment” in the Employment and Labour Law world. This is owing to the fact...

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Sep 20, 2021

NEW HOPE FOR TERMINATION CLAUSES IN RECENT ONTARIO DECISION DISTINGUISHING WAKSDALE

In a recent decision of the Ontario Superior Court of Justice in Rahman v Cannon Design Architecture Inc., 2021 ONSC 5961, the Court distinguished ...

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Aug 16, 2021

No Common Law Duty to Investigate Prior to For Cause Termination

The Court of Appeal of Manitoba recently confirmed that there is no common law duty on an employer to investigate prior to terminating an employee ...

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Jul 22, 2021

ONTARIO COURT LIMITS ENTITLEMENT TO COMMISSIONS AND BONUSES PAYABLE BEYOND EXPIRY OF NOTICE PERIOD

Compensation arrangements can vary drastically from sector to sector and even within businesses. This is particularly the case in sales positions w...

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Jul 7, 2021

Resignation, Termination, or Repudiation? Employee’s Conduct Found to be Incompatible with Continued Employment

In an earlier blog post, we wrote about an Ontario decision in which the defendant employer’s conduct repudiated what otherwise might have be...

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Jun 29, 2021

Ontario Court Once Again Weighs-in on IDEL vs. Constructive Dismissal Debate

Less than three weeks ago, the Employers’ Edge blog wrote about the recent decision in Taylor v. Hanley Hospitality Inc., where the Ontario S...

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Jun 24, 2021

By Kelsey Orth

ONTARIO: THERE’S NO PLACE LIKE HOME…UNLESS YOU ARE CALCULATING ESA SEVERANCE PAY!

In a decision that seems – at first blush – counterintuitive, Ontario’s Divisional Court recently decided that the severance prov...

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Jun 9, 2021

By Mike MacLellan

IDEL is NOT a Layoff or Constructive Dismissal: Ontario Court Changes Course

The COVID-19 pandemic has obviously impacted and impeded the way in which businesses can operate.  More specifically, through various lockdown...

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Jun 8, 2021

British Columbia Court Rules CERB Payments Deductible in Damage Calculations for Constructive Dismissal

Following Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998, a decision we wrote about in March, the Supreme Court of British Colum...

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May 27, 2021

Employer’s "Appalling" Post-Termination Conduct Results in Significant Damages Award for Short-Service Employee

In our earlier blog, we shared various termination best practices which would both help ensure that an employee exits the organization smoothly and...

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May 20, 2021

Court Invalidates Termination Provision due to Repudiation by Employer

Regular subscribers to the Employers’ Edge blog will have read about the downfall of a seemingly endless stream of termination provisions in ...

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May 5, 2021

By Kelsey Orth

ANALYZING THE 3 Rs (and an A) OF THE ENDING OF EMPLOYMENT: RESIGNATION, REPUDIATION, ‘RONGFUL DISMISSAL…AND ABANDONMENT

While not all employment relationships end as badly as the title of this article, they all, eventually, end.  Where the employer makes the cho...

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Apr 29, 2021

Deemed Infectious Disease Emergency Leave Not a Bar to Common Law Constructive Dismissal Claims in Ontario

In what may be the first of many COVID-19 related constructive dismissal claims in Ontario, the Superior Court of Justice determined that employees...

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Apr 14, 2021

Ontario Superior Court Awards 26 Months' Notice to Employee with "Exceptional Circumstances"

The plot surrounding the attempted elimination of the longstanding unofficial 24-month cap on reasonable notice continues to thicken. In recent yea...

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Mar 11, 2021

By Mike MacLellan

What were you Expecting? Ontario Court Rules that Pregnancy of Terminated Employee Extended the Reasonable Notice Period

By now you’ve read enough of our blogs to commit the common law reasonable notice of termination “Bardal” factors to memory: char...

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Mar 4, 2021

Ontario Superior Court Offers Further Guidance on the Impact of COVID-19 on Reasonable Notice Entitlements

A recent Ontario Superior Court decision, acts as a successor to the earlier Yee v Hudson’s Bay Company, 2021 ONSC 387 decision that we wrote...

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Jan 27, 2021

SHOULD TERMINATED EMPLOYEES RECEIVE LONGER REASONABLE NOTICE PERIODS DURING COVID-19?

In Yee v Hudson’s Bay Company, 2021 ONSC 387, an Ontario Court issued a ruling in what may seem like a very standard case of reasonable notic...

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Jan 21, 2021

Supreme Court of Canada Reiterates the Duty of Honesty in Contractual Dealings

A recent Supreme Court of Canada (the “Court”) decision reinforced the employer’s duty of good faith and honesty in all contractu...

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Dec 2, 2020

To Terminate for Cause, or Without Cause – That is the Question

A recent New Brunswick Court of Appeal decision underlined the significance of alleging cause at the time of the termination, not after. Facts The ...

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Nov 19, 2020

By Kelsey Orth

SHORT-TERM EMPLOYEE’S WRONGFUL DISMISSAL CLAIM FOR YEAR’S WORTH OF REASONABLE NOTICE DENIED

When it comes to termination of employment and wrongful dismissal, the case law in recent years has, to put it mildly, not generally favoured emplo...

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