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Jun 13, 2013

Implementing and Revisiting Code of Conduct enables Canadian Bank to Dismiss 26 year Employee with Cause

Lodovico Cavan v. Royal Bank of Canada demonstrates the benefit of using appropriately drafted employment policies and consistently applied pr...

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May 30, 2013

Ontario’s Divisional Court Overturns Decision to Reinstate Employee who Sexually Harassed Co-Workers

An Ontario court recently overturned a labour arbitration award that reinstated an employee who sexually harassed two co-workers. The employee (&ld...

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May 23, 2013

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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May 16, 2013

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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Apr 25, 2013

Health and Safety Related Misconduct Justifies the Discharge of 37-Year Employee

In the recent arbitration decision of Tonolli Canada Limited v. United Steelworkers, and its Local 9042, Arbitrator G. T. Surdykowski upheld the ju...

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Apr 11, 2013

Employers may be Required to Endure Reasonable Delay due to Picketing when Entering and Exiting their Property

The Ontario Superior Court of Justice recently held that when it comes to picketing-induced delays, “some inconvenience to the employer is pe...

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Apr 4, 2013

By Kelsey Orth

Written Notice of Termination for Employees off Work still Satisfies ESA Requirements

A recent decision of Arbitrator Randy Levinson found that the Employment Standards Act, 2000 (“ESA”) does not require an employer to pa...

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Mar 27, 2013

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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Mar 14, 2013

Court of Appeal Provides Direction on the Enforceability of Restrictive Covenants

In a recent decision, the Ontario Court of Appeal held that non-competition and non-solicitation covenants were unreasonable and went beyond the sc...

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Mar 7, 2013

Employee’s Facebook Updates Breach Confidential Minutes of Settlement

Tremblay v. 1168531 Ontario Inc. is yet another example of an employee paying the price for foolish use of social media. Facts The employee reached...

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Feb 28, 2013

By Susan Crawford

Serious Safety Violation Not Enough to Justify Just Cause Dismissal Says Ontario Court of Appeal

Mr. Plester, a supervisor with 17 years’ service at PolyOne Canada Inc., committed a serious safety infraction by not locking out a machine h...

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Feb 14, 2013

Pension Fund Crisis in Canada Averted? Supreme Court of Canada Releases Decision in Indalex

Sun Indalex Finance, LLC v. United Steelworkers represents the most recent example of the growing number of clashes over pension security, the resu...

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Jan 24, 2013

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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Jan 3, 2013

Ontario Court determines that plain meaning of Contractual Language is best indicator of Parties' Intentions

The Ontario Superior Court of Justice recently confirmed that the plain meaning of language in employment contracts will likely be relied on by the...

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