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 | May 20, 2022 | Employment Contracts, Employment Law
In November 2021, the Ontario government passed the Working for Workers Act, 2021, new legislation that, among other things, prohibits non-competition clauses in employment agreements. However, a recent decision of the Ontario Superior Court revealed a reluctance to... 
by Stacey R. Ball | Mar 8, 2022 | employee or dependent contractor, Employment Law, General, Wrongful Dismissal
This decision concerns the termination of a public sector employee and the interplay between two pieces of legislation: the Federal Public Sector Labour Relations Act and the Public Service Employment Act. The legal principles discussed herein may not be relevant... 
by Stacey R. Ball | Mar 6, 2022 | employee or dependent contractor, Employment Law, General, Wrongful Dismissal
On March 7, 2019, Mr. Czerniawski had an argument with a co-worker. The encounter quickly became heated. Emotions were high, voices were raised and, allegedly, threats were made. Mr. Czerniawski was instructed to leave the work premises but refused to do so. Police... 
by Stacey R. Ball | Mar 4, 2022 | employee or dependent contractor, Employment Law, General, Wrongful Dismissal
In the event of a termination without cause, employees are generally entitled to a reasonable notice period. The purpose, of course, is to provide dismissed employees with an opportunity to find alternative suitable employment. At common law, reasonable notice periods... 
by Stacey R. Ball | Mar 3, 2022 | employee or dependent contractor, Employment Law, General, Wrongful Dismissal
An arbitration decision released January 12, 2022 has joined the persistently growing list of decisions upholding COVID-19 vaccination mandates, as well as the discipline contemplated for those employees who fail to meet the mandate’s requirements. In Teamsters Local... 