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Jul 12, 2012

Should Employers insist that Employees take time to think before accepting Termination Packages?

The Superior Court of Justice has recently raised the standard to which employers are held when providing departing employees with a termination pa...

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Jun 28, 2012

Court of Appeal Rules that Employees are NOT Required to Mitigate Damages when an Employment Agreement Provides for a Specified Notice Period

It is well established in Ontario that employment agreements are assumed to include a clause providing for reasonable notice to an employee prior t...

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May 24, 2012

Long-Term Employee’s Workplace Affair Amounts to Misconduct Serious Enough to Justify Dismissal

Employers are often faced with difficulty demonstrating sufficient justification amounting to cause for dismissal. However, in a recent case an emp...

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May 17, 2012

By Susan Crawford

The Value of “Refreshing” Employment Contracts Throughout the Employment Relationship

Most employers are well aware of the importance and value of employment contracts, particularly for the purpose of limiting the obligation to provi...

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May 10, 2012

Ontario Court of Appeal Upholds $20 Million Damage Award Against Former Employees Setting up Competitive Business

The Ontario Court of Appeal decision in GasTOPS Ltd. v. Forsyth and the trial decision that preceded it have found that “key employees”...

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May 3, 2012

By Mike MacLellan

Ontario Court Upholds Termination of Long-Service Employee for Serious Misconduct and Dishonesty

Employers have long grappled with the issue of how to properly discipline a long-service employee for an apparently isolated, but severe, incident ...

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Apr 5, 2012

Slapping Co-Worker not Just Cause Where Employer Does not Train Employees on Workplace Violence Policies

An Ontario judge recently found that an employee was not dismissed for cause after he struck a co-worker in violation of the employer’s workp...

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Mar 8, 2012

Divisional Court Confirms That Employment Contracts Can Be Frustrated Due To Illegality

On November 7, 2011, the Ontario Divisional Court considered the issue of whether an employer is able to argue frustration of contract when an empl...

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Mar 1, 2012

By Kelsey Orth

Court of Appeal Upholds 200k Damage Award for Failure to Continue Disability Coverage During Former Employee’s Assessed Notice Period

You may recall CCP reporting on a decision of the Superior Court of Justice last year that awarded a wrongfully dismissed employee compensation for...

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Feb 9, 2012

By Susan Crawford

Employees Cannot Quit in the Face of Inadequate Working Notice says BC Court of Appeal

In the absence of legal just cause for dismissal, or a written employment agreement with a specific termination provision, implied in every contrac...

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Jan 26, 2012

New Test for Summary Judgment Developed in Recent Ontario Court of Appeal Decision

On December 5, 2011, the Ontario Court of Appeal (“OCA”) released its much-anticipated decision in Combined Air Mechanical Services Inc...

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Jan 20, 2012

Privacy Rights Expanded by the Ontario Court of Appeal – How the Decision Could Impact Ontario Workplaces

Earlier this week the Ontario Court of Appeal released its much-anticipated decision in Jones v. Tsige (“Jones”), recognizing, for the ...

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Jan 19, 2012

By Susan Crawford

2011 In Review – A Look Back at the Cases and Legislative Changes that Impacted Your Workplace

2011 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 8, 2011

What You Need to Know Before You Host Your Company Party

Hosting a holiday party for your employees is a great way to thank them for their hard work throughout the year. However, before you decide to make...

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Dec 1, 2011

By Susan Crawford

Investigation Reports Prepared by Lawyer Retained to Investigate Workplace Issues Alone do not Attract Solicitor Client Privilege

Unlike other professional relationships, communications between a solicitor and client made for the purpose of providing legal advice or to assist ...

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Nov 24, 2011

Recent Court Decisions Explore When it is Appropriate to Bring a Summary Judgment Motion in a Wrongful Dismissal Action

The decisions of Rutherford v. RBC Dominion Securities Inc., and Adjemian v. Brook Crompton North America highlight when it is appropriate to bring...

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Nov 10, 2011

By Kelsey Orth

Facebook Firings

At our recent CCP Labour and Employment Law Forum, the use of social media in the workplace was a real hot-button issue.  Indeed, with the per...

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Oct 20, 2011

By Susan Crawford

Single Incident of Workplace Misconduct Can be Just Cause for Dismissal

A progressive discipline approach is a common practice used by employers to correct negative behaviour. It is a system where disciplinary penalties...

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Oct 6, 2011

Employee Still Obligated to Mitigate Damages Even Where There is a Contractual Notice Period

Bowes v. Goss Power Products confirms that a written employment agreement with a defined notice period does not relieve a dismissed employee of the...

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Sep 29, 2011

By Kelsey Orth

Tax Court Recently Tackles the Employee vs. Independent Contractor Question

For employers across all industries, the question of whether someone is an employee or an independent contractor can have significant consequences....

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