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Jun 17, 2014

By Rob Boswell

Ontario Superior Court: Employer’s Out-of-Province Payroll is Relevant to ESA Severance Pay Threshold

As a result of subsection 64(1) of the Ontario Employment Standards Act, 2000, certain circumstances of a dismissal trigger an obligation on the em...

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Jun 12, 2014

Wrongful Dismissal Notice Periods – Superior Courts do not set Precedents

In the recent decision, Kotecha v. Affinia Canada ULC, the Ontario Court of Appeal provided a useful reminder that trial level decisions are not bi...

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Jun 5, 2014

Supreme Court of Canada Decision in Irving Pulp and Paper Followed by Arbitration Board in Recent Policy Grievance

On June 14, 2013, CCP released a blog on the Supreme Court’s decision in the matter of Communications, Energy and Paper Union of Ca...

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May 29, 2014

By Rob Boswell

Ontario Court of Appeal: Wal-Mart Liable for the Bullying of an Employee by her Store Manager

Last week, the Ontario Court of Appeal issued its decision in the case of Meredith Boucher v. Wal-Mart Canada Corp and Jason Pinnock. We discu...

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May 22, 2014

Resignations in the Workplace – When Quitting isn’t Necessarily the End

The law with respect to determining the validity of a resignation in the workplace can seem as murky as the early summer waters of the lake at the ...

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May 1, 2014

Ontario Court of Appeal Upholds Termination for Cause for Long-Service Employee who was Driving while Drunk

Most employment lawyers would agree that proving just cause for a single, isolated incident for a long-service employee is an uphill battle that is...

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Apr 24, 2014

Without Cause Termination is not Necessarily ‘Unjust’ Under the Canada Labour Code

A recent decision has ruled that a valid employment contract can be used as a shield against a claim of unjust dismissal pursuant to the Canada Lab...

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Apr 10, 2014

By Kelsey Orth

Experienced Unionized Employee’s Just Cause Dismissal Upheld through Application of “Culminating Incident” Doctrine

A common question from employers, especially in the unionized context is: When do we have enough incidents of discipline on record for a repeat off...

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Apr 3, 2014

Ontario Superior Court finds Executive Resigned from BlackBerry Ltd. in Violation of his Employment Contract

BlackBerry Limited v. Marineau-Mes is a refreshing case for employers that wish to hold their employees to the terms in their employment agree...

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Mar 20, 2014

Fixed-Term Employment Contracts: Are They Worth the Risk?

Employers often hire employees pursuant to fixed-term contracts in order to avoid common law reasonable notice obligations and other perceived liab...

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Mar 6, 2014

By Rob Boswell

Disclosure of Settlement on Facebook by Daughter Breached Confidentiality Clause

In yet another very public disclosure of the existence of a settlement agreement, the Third Circuit Court of Appeals of Florida last week overturne...

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Feb 20, 2014

Supreme Court of Canada Requires Employer to Disclose Personal Employee Information to Union

On February 7, 2014 the Supreme Court released a decision affecting an employer’s obligation to provide personal employee information to an i...

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Feb 13, 2014

Can an Employee Transferred Outside of Ontario Still Sue for Wrongful Dismissal in this Province?

Sullivan v. Four Seasons Hotel Limited, a motion before the Ontario Superior Court of Justice, dealt with the issue of appropriate jurisdiction for...

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Jan 27, 2014

Supreme Court of Canada Broadens the Scope of Summary Judgment Proceedings - Will this be a Game Changer in Wrongful Dismissal Actions

A summary judgment is a procedure used during civil litigation to promptly and expeditiously dispose of a case without a trial or the pre-trial pro...

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Jan 23, 2014

2013 IN REVIEW – A Look Back at the Cases and Legislative Changes that Impacted your Workplace

2013 saw a number of important decisions and legislative changes in the area of labour and employment law.    Over the course of the...

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Dec 19, 2013

By Mike MacLellan

Pension Benefits Cannot be Deducted from Employee Entitlements on Termination

Last week the Supreme Court of Canada delivered a ruling to clarify what has been an unsettled issue in employment law.  In a wrongful termina...

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Dec 9, 2013

By Jay Rider

Ask Not What You Can Do for Your Employer But What Your Employer Must Do for You!

This is the message being sent to the labour relations community by arbitrator Lyle Kanee in a very recent award (re Communications, Energy and Pap...

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Dec 5, 2013

Court prohibits “forum shopping” by terminated employee, dismisses wrongful dismissal claim

The Employment Standards Act, 2000 (the “Act”) provides a mechanism through which employees may file employment standards complaints wi...

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Nov 28, 2013

$450,000.00 Punitive Damage Award – A Cautionary Tale for Employers

After a winding ride through our court system the case of Pate v. Galway-Cavendish has most recently received attention from our Court of Appeal wh...

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Nov 7, 2013

OCA Upholds Restrictive Termination Clause for Senior Level Employee

Many employers who seek to limit their liability upon termination of an employee introduce termination clauses that strictly limit an employee&rsqu...

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