In an earlier blog post this year, we looked at a case suggesting that unions that are unsuccessful…
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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…
Read MoreArbitration: Employee Must Disclose Vaccination Status
March 3, 2022
An arbitration decision released January 12, 2022 has joined the persistently growing list of decisions upholding COVID-19…
Read MoreEmailing Your Lawyer from Your Work Email: Solicitor-Client Privilege
March 2, 2022
In Jean-Sébastien Leroux v. Proex Inc., 2022 ONSC 319, an employee made a mistake that no employee should…
Read MoreFixed Term Contracts as a Form of Reasonable Notice
March 1, 2022
When considering the duration of an employment relationship, there are two primary options: either the employment period is for…
Read MoreDuty of Fair Representation in Unions Opposing Mandatory COVID-19 Vaccines
February 28, 2022
As mandatory vaccine policies continue to be implemented in workplaces across Ontario, many unionized employees are under…
Read MoreAbandonment or Termination: Wong v Polynova Industries Inc.
February 6, 2022
Did the employee abandon their employment, or was their employment terminated by the employer? That was an essential…
Read MoreVaccine Policy Upheld, Despite Privacy Concerns
February 4, 2022
On January 4th, only four days into the New Year 2022, Arbitrator Robert J. Herman released a…
Read More“Saving Clause” Does Not Save Illegal Contract
February 2, 2022
A recent decision of the Ontario Superior Court, Campbell-Givons v. Humber River Hospital, like many others over the…
Read MoreFiduciary Employees: Impact Security Group Inc. v. Brown
January 31, 2022
In Canadian employment law, not all employees or dependent contractors are alike. Some, by virtue of their…
Read MoreDismissed Employee Turns to UBER Job for Support: Income Held Not to be Deductible from Damages Award
January 29, 2022
Generally speaking, a wrongfully dismissed employee has a duty to mitigate their damages by seeking alternative employment….
Read MoreNew CIRB Decision Comments on Manager Exception to Unjust Dismissal
January 27, 2022
The Canadian Industrial Relations Board has released new decisions concerning the “managerial exception” found in section 167(3)…
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 MoreAge Isn’t Everything: 61-Year-Old Gets 2 Months Notice
January 23, 2022
We often think of an employee’s old age as being a very commanding consideration in the determination of…