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News and Discussions on Payroll, HR & Employment Law

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Preventing an employee from working during working notice can be constructive dismissal

In Allen v Ainsworth Lumber Co Ltd, 2013 BCCA 271, the British Columbia Court of Appeal upheld a lower court decision which held that an employer’s refusal to allow an employee to work during a purported “working notice” period constituted constructive dismissal.

 

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Employer’s unreasonable increase in duties and poor response to employee concerns constitutes constructive dismissal

Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.

 

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Old employment contracts can come back to bite you – or help you

A recent decision of the Ontario Superior Court considered the termination of an employee of Open Text Corporation who had been working for Open Text and its predecessor corporations for 17 years. There was no agreement governing his employment with the first company and it received little updating through two more acquisitions. When he was terminated, he complained that the original contract was void due to the transitions and sued for common law notice…

 

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Why it is never a good idea to dismiss an employee by email

A human resource person in one of the largest insurance company in the UK mistakenly fired 1,300 global employees in its investment unit by email. The email asked them to turn over their security credentials and company property on their way out and to remember their contractual obligation pertaining to confidential information. Oops! The email was only meant to go to one employee.

 

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Failure to work notice period did not take away right to sue for damages

Here’s an interesting case from the British Columbia Court of Appeal. When an employer left a termination letter on a bus driver’s seat for him to find, The Court found there was inadequate notice of termination. The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.

 

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