A common complaint from employees (and their family and friends) is that they cannot seem to get…
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Read MoreThe Consequences of Bad Behaviour for Cost Awards
August 24, 2022
It is fair to assume that if one behaves poorly, their actions are more likely going to…
Read MoreRecent Arbitrator Decision on Two-Dose Vaccination Policy in the Workplace
July 15, 2022
As Canada continues to move further away from the worst of the pandemic, it is likely some…
Read MoreReinstatement or Compensation in Lieu
July 14, 2022
The presumptive remedy for unjust dismissal is reinstatement with back pay. When tackling the appropriate remedy to award, adjudicators…
Read MoreNon-Compete Provision Upheld Notwithstanding Working for Workers Act, 2021
May 31, 2022
In November 2021, the Ontario government passed the Working for Workers Act, 2021, new legislation that, among other…
Read MoreHealthcare Worker Terminated for Refusing Vaccine
May 29, 2022
Vaccine related decisions continue to be made as we move closer to the halfway point of 2022….
Read MoreExtended Reasonable Notice Due to COVID-19 Not Unique to Ontario Employees
May 28, 2022
In an earlier blog post, we discussed the potential for courts to increase the notice periods awarded…
Read MoreOne Unlikely Story, One Voluntary Resignation
May 27, 2022
In an earlier blog post, we discussed the possibility of employees rescinding, or “taking back”, their resignations. Much…
Read MoreThreats in the Workplace: Cause for Termination
May 26, 2022
Workplace violence, as defined under the Ontario Occupational Health and Safety Act, includes not only physical violence…
Read MoreBritish Columbia Court Finds Employee Handbook Unenforceable
May 25, 2022
In a 2021 decision of the British Columbia Supreme Court, Verigen v Ensemble Travel Ltd., an issue was…
Read MoreOntario Government Introduces Digital Rights for Employees
May 24, 2022
Over the last two years, the global COVID-19 pandemic has facilitated significant changes to the way Canadians…
Read MoreDuty of Fair Representation Where Union Does Not Challenge Vaccine Mandate
May 23, 2022
In an earlier blog post this year, we looked at a case suggesting that unions that are unsuccessful…
Read MoreSecretly Recording Co-Workers: Just Cause for Dismissal?
May 22, 2022
In a recent decision of the British Columbia Supreme Court, Justice Branch was tasked with determining whether or…
Read MoreUnsigned Employment Contract Upheld by B.C. Court
May 21, 2022
Many employees might believe that because they never physically signed their written employment agreement, it does not…
Read MoreAlberta Court Upholds 4 Week Termination Clause
March 9, 2022
In Lawton v Syndicated Services Inc., the Alberta Provincial Court upheld a termination clause in an employment contract that limited…
Read MoreTerminating Probationary Employees: Canada (AG) v Alexis
March 8, 2022
This decision concerns the termination of a public sector employee and the interplay between two pieces of…
Read MoreCOVID-19 Vaccine Policies: Failure by Employee to Accept Reasonable Alternative
March 7, 2022
We have encountered a great deal of arbitration decisions relating to COVID-19 vaccination in the early days…
Read MoreUnfair Investigation Leads to Termination: Rejected by Courts
March 6, 2022
On March 7, 2019, Mr. Czerniawski had an argument with a co-worker. The encounter quickly became heated….
Read MoreEmployment Contract Successfully Limits Common Law Reasonable Notice
March 5, 2022
It is well known that employment contracts of an indefinite period (i.e., not fixed term contracts) give rise to…
Read MoreSuccessor Employers and Reasonable Notice Periods
March 4, 2022
In the event of a termination without cause, employees are generally entitled to a reasonable notice period. The…