You’ve been hired under an at-will employment contract and you’re wondering if this is enforceable in Canada…
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Read MoreCan You Get Fired for Calling In Sick?
July 31, 2023
Employees may often worry whether they can be fired for taking time off from work due to…
Read MoreWhat is the Duty to Mitigate and How does it Work?
Cause For DismissalConstructive DismissalEmployee or Dependent ContractorEmployment ContractsEmployment LawGeneral
April 22, 2023
What is Mitigation? When an employee is terminated without cause, they have a duty to make reasonable attempts…
Read MoreNotice Award Greater than 24 Months
February 23, 2023
When an employee is terminated without cause, they are offered a severance package. While many people believe that…
Read MoreIs CERB Deductible from Wrongful Dismissal Damages?
February 5, 2023
To help millions of Canadians, the Federal Government started the Canadian Emergency Response Benefit (CERB) program, which…
Read MoreCan an Employer Change an Employment Agreement Without Consent?
February 1, 2023
When someone is hired, there is an agreement between the employer and the employee. This agreement sets…
Read MoreCompensation in Lieu of Reinstatement: Notice Model or Economic Loss Approach?
August 26, 2022
In an unjust dismissal case, the presumptive remedy an adjudicator can award is reinstatement with back pay….
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 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 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 MoreJust Cause for Dismissal, According to the Saskatchewan Court of Appeal
January 25, 2022
In a recently released decision, the Saskatchewan Court of Appeal was tasked with determining whether or not an…
Read MoreConstructive Dismissal Resulting in High Damage Award Upheld by Ontario Court of Appeal
Cause For DismissalConstructive DismissalEmployee or Dependent ContractorEmployment ContractsEmployment LawGeneral
January 9, 2022
McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home) is a case unlike many others, in the sense…
Read MoreThree Days of Work, Three Months of Pay: Dalton v. Fraser Valley Fire Protection Ltd.
Cause For DismissalConstructive DismissalEmployment ContractsEmployment LawGeneralWrongful Dismissal
January 7, 2022
Employers should expect to provide some compensation to employees they terminate without cause. The amount of compensation depends…
Read MoreCERB Continuing to be Deducted from Wrongful Dismissal Damages (Or Not?)
January 3, 2022
I wrote a blog post this past August discussing the potential impact of Canada Emergency Response Benefit…
Read MoreTTC Union Loses at Court: No Injunction for Vaccine Policy
Cause For DismissalConstructive DismissalEmployee or Dependent ContractorEmployment ContractsEmployment LawGeneral
December 28, 2021
On September 7th, 2021, the Toronto Transit Commission announced its mandatory vaccination policy. According to this policy,…
Read MoreNo Injunction to Prevent Dismissal in Mandatory Vaccine Case
December 13, 2021
In the first of inevitably many Ontario court proceedings concerning the implementation of mandatory COVID-19 policies in…
Read MoreThe Relevance Of Employee Sophistication
November 25, 2021
The Relevance of Employee Sophistication on the Enforceability of “Just Cause” Termination Provisions A recent decision by…
Read MoreWorkplace Romance: Cause for Dismissal?
October 4, 2021
Commonly, our workplaces become the places where we spend most of our time. The majority of our…
Read MoreWorkplace Investigations Prior to Dismissal
October 1, 2021
At common law, employers do not have a duty to investigate allegations of misconduct prior to dismissing…
Read MoreThe Impact of CERB on Wrongful Dismissal Damages
August 29, 2021
In response to the COVID-19 Pandemic, the Canadian government introduced the Canada Emergency Response Benefit (CERB). The…