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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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Sep 16, 2020

By Susan Crawford

Arbitrator Finds Employer’s Blanket Policy Requiring all Employees who Cross US Border to Self-Isolate Unreasonable

In a recent Ontario arbitration decision, Arbitrator Jesin considered the reasonableness of Algoma Steel’s policy to require all employees wh...

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Aug 20, 2020

By Susan Crawford

Recent Court of Appeal Decision Weighs In on Reasonable Notice Periods following an Asset Sale

In Manthadi v. ASCO Manufacturing the Ontario Court of Appeal overturned the lower court’s summary judgment decision finding that the motions...

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Apr 14, 2020

By Jacob Love

Tele/Video Hearings in Ontario during the COVID-19 Pandemic

The COVID-19 global pandemic has significantly changed how Ontario courts and administrative tribunals operate. In response to the pandemic, these ...

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Apr 2, 2020

“Get to the Working Overtime Part!”: Ontario Court Rules against Employer in Class Action for Unpaid Overtime

After over a decade of litigation, an Ontario court has ruled that the Canadian Imperial Bank of Commerce (“CIBC”) breached its overtim...

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Feb 19, 2020

By Charles Binns

YOU DON’T HAVE TO GO HOME, BUT YOU CAN’T WORK HERE: DIVISIONAL COURT UPHOLDS LAYOFF OF EMPLOYEE WHO WAS BANNED FROM THIRD PARTY WORKSITE

Employment relationships can be difficult to manage on their own, but often become more complicated where they engage the interests of third partie...

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Feb 13, 2020

By Jacob Love

COURT FINDS EMPLOYER HAD CAUSE TO TERMINATE AN EMPLOYEE FOR SEXUALLY ASSAULTING A CO-WORKER

Last week Mike MacLellan blogged on a case where a unionized employee was terminated for sexually harassing another employee. This week we’re...

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Jan 29, 2020

By Kelsey Orth

MORE BAD MEDICINE FOR EMPLOYERS: DIVISIONAL COURT OVERTURNS DISIMISSAL OF DRUG-ADDICTED THIEVING NURSE

You may remember reading about the case of the nurse at Cambridge Memorial Hospital whose 28-year career was cut short when Arbitrator Dana Randall...

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Jan 15, 2020

By Jacob Love

FEDERAL COURT CLARIFIES THAT REINSTATEMENT IS NOT THE “STANDARD” REMEDY IN ALL UNJUST DISMISSAL CASES

As many of our readers are aware, adjudicators have an array of options under the Canada Labour Code (CLC) to remedy an unjust dismissal. Of these ...

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