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terminations

The damages formerly known as Wallace – Are they still relevant?

It has been about eight years since the Supreme Court of Canada decision in Honda Canada v Keays, which dramatically altered the law with respect to damages relating to bad faith conduct in the course of dismissal. Is the topic still relevant? A recent Ontario decision confirms that it is.

 

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Constructive dismissal and employer prestige

In 2016, the Court of Appeal of Quebec has clarified that reduced employer prestige cannot, in itself, serve as grounds for constructive dismissal in the specific context of business acquisitions.

 

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Don’t make promises you can’t keep (even inadvertent ones) – a good lesson for all BC employers

health-benefits

The recent decision of the BC Supreme Court in Feldstein v. 364 Northern Development Corporation provides a cautionary tale for well-meaning employers seeking to provide compensation and benefits package details to candidates during the interview process.

 

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Silence proves costly: employment agreements and reasonable notice

Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent case out of Toronto.

 

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Separation anxiety: Prepare for employee exits

The recent death of Justice Antonin Scalia highlights the duality of employee exits. For exits like Justice Scalia’s, it is unlikely that within hours of death, friends and family ponder the vacuum and replacement challenges the employer will face. Exits like Justice Scalia’s may precipitate introspection by remaining employees – resolutions to focus on family and work-life balance; or a realization that regardless of the power or indispensability of a role, in the end it really is “just a job”, because, as far as we know, we leave it all behind.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with three cases: One case looks at the “suitability test” to establish whether the employer acted in good faith; the second case looks at constructive dismissal; and the third case addresses the question of whether employers can terminate disobedient employees for cause.

 

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This employer’s case had 99 problems – Proving cause was one

A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.

 

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Working through the notice period

Let’s begin with a point that comes as a surprise to many employees and employers: there is nothing legally wrong with providing an employee with working notice of their dismissal and requiring that they continue to attend at work and perform their duties throughout the notice period.

 

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Severance limiting clauses CAN work especially in employment agreements

A recent Ontario Superior Court decision reinforces some basic principles previously discussed on this Blog (and unfortunately often missed or forgotten by employers). In Asgari v 975866 Ontario Ltd, a motion for summary judgment was decided in the Plaintiff’s favour. One issue was whether a clause, purporting to limit the Plaintiff’s pay in lieu of notice entitlements to the statutory minimum, was enforceable.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with an independent medical examination; wilful misconduct; and, 27 months of common law reasonable notice.

 

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Frustration of contract

The concept of frustration of contract continues to frustrate employers as we enter the year 2016. Unfortunately, many employers confuse their own frustration with absent employees with frustration at law.

 

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Terminated: (Summary) judgment day

When the T-1000 came from the future to destroy John Connor, Arnie made sure he was stopped in his tracks. While employers who have to date relied upon prohibitive time and costs to deter ex-employee claims might not face the wrath that Skynet did, given the recent decision of Cloutier v. Q Residential LP Corp (Cloutier), 2015 ONSC 4431 (CanLII), a rethinking of such approaches may be required.

 

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Employment contract law changed in 2015. Have you reviewed yours?

Recent court decisions changed how the law applies to employment contracts, most importantly terminations, but also off-duty conduct, consideration and restrictive covenants. Important lessons from the changes are that employers need to review their employment contracts, you can update them or change their terms while complying with the law, and failing to do so can damage your organization’s finances and reputation.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with rehiring a terminated employee; employer’s responsibility for employee privacy breach; and, new Ontario JHSC certification training.

 

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Commencement of notice period when employee is dismissed while on disability leave

Sometimes, individuals will be dismissed from their jobs at a time when they are on disability leave. There is nothing wrong with this, as long as the decision to dismiss is entirely unrelated to the employee’s disability. For example, if an organization decides to eliminate a department of ten people, one of which is currently […]

 

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