by Stacey R. Ball | Aug 26, 2022 | Cause for dismissal, General
In an unjust dismissal case, the presumptive remedy an adjudicator can award is reinstatement with back pay. However, under certain circumstances, the adjudicator may decide that returning the employee back to the workplace is unwise. Therefore, the award can be... 
by Stacey R. Ball | May 29, 2022 | Cause for dismissal, General
Vaccine related decisions continue to be made as we move closer to the halfway point of 2022. We have discussed a number of these decisions in earlier blog posts: see here, here, here, and here, to name a few. Today we write about a decision made on April 4, 2022,... 
by Stacey R. Ball | May 26, 2022 | Cause for dismissal, employee or dependent contractor, General
Workplace violence, as defined under the Ontario Occupational Health and Safety Act, includes not only physical violence but also statements or behaviour that can be interpreted as threats of violence. The Act further imposes an obligation on employers to take every... 
by Stacey R. Ball | May 22, 2022 | Cause for dismissal, Employment Contracts, Employment Law
In a recent decision of the British Columbia Supreme Court, Justice Branch was tasked with determining whether or not “the surreptitious recording of one’s fellow employees” could serve as a proper basis for dismissal. The Parties This case concerned the termination... 
by Stacey R. Ball | Jan 25, 2022 | Cause for dismissal, General
In a recently released decision, the Saskatchewan Court of Appeal was tasked with determining whether or not an employer, the Saskatchewan Indian Gaming Authority Inc., had just cause to terminate an employee by the name of Mr. Thomas. In answering this question, the... 
by Stacey R. Ball | Jan 9, 2022 | Cause for dismissal, constructive dismissal, employee or dependent contractor, Employment Contracts, Employment Law, General, Wrongful Dismissal
McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home) is a case unlike many others, in the sense that it involved a particularly large award of wrongful dismissal damages: $1,274,173.83. There are not many scenarios in the context of employment law which could... 