CCPartners | Blog

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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$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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Wrongful Dismissal Leads to Human Rights Damages

For the first time, the Ontario Superior Court of Justice has awarded human rights related damages in relation to a wrongful dismissal action. The ...

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Constructively Dismissed Employee Ordered to Pay Employer $57,500.00 for Failure to Accept Re-Employment

On June 27, 2013 we blogged about the Ontario Superior Court’s decision in Chevalier v. Active Tire & Auto Centre Inc., where the Court f...

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Breaching Confidentiality Clauses – Police Officer Must Return Settlement Award

Further to a recent blog by Michael MacLellan, the following case provides yet another important example of abiding by the terms of a negotiat...

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By Mike MacLellan

The Value of a Well-Crafted Settlement Document - Journalist Ordered to Repay Former Employer for Violating Confidentiality Clause

One of the most useful tools in resolving any work-related legal dispute is a well-crafted settlement document.  Naturally, an employer may be...

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Can a complaint of racism arising from one employee’s failure to attend a single training session give rise to a poisoned work environment and constructive dismissal? The Ontario Court of Appeal says No

Yohann Johnson, an eight-year employee of General Motors of Canada Limited (“GM”) was a production supervisor in the body shop of GM&rs...

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By Kelsey Orth

Constructively Dismissed Employees still Required to Mitigate

Since the Supreme Court’s decision in Evans v. Teamsters Local Union Local No. 31, the law of constructive dismissal in Canada has, in most c...

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By Mike MacLellan

Arbitrator Refuses to Reinstate Grievor even after Finding of Unjust Dismissal

One element of unionized employment which distinguishes it from typical individual employment is that the normal remedy for a union member who is u...

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By Kelsey Orth

B.C. Court takes Objective Look at Employer’s Reorganization in Denying Constructive Dismissal Claim

In recent years the doctrine of constructive dismissal – a type of wrongful dismissal whereby the employee claims the employer has fundamenta...

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By Mike MacLellan

Ontario Court of Appeal Upholds Summary Judgment Motion to Stay Payment of Wrongful Dismissal Damages

In the recent decision of Hinke v. Thermal Energy International Inc., 2012 ONCA 635 (2012 ONCA 635 (CanLII)) Ontario’s Court of Appeal reiter...

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Employees Cannot Make Personal Claims Against Management where Employment Contract Precludes any Claims other than Negotiated Contractual Notice Periods

A limitation of liability clause in an employment agreement may protect an employee from personal liability even though the employee is not a party...

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