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wrongful dismissal claim

Failure to use employment agreements properly

A topic that I address often in presentations and with clients is the failure, on the part of the vast majority of employers in Canada, to use employment agreements properly (if at all). As I have said many times, policies and agreements are the easiest ways for employers to establish the rights and obligations of the parties and avoid having them imposed by common law or other principles.

 

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Employers’ strategic use of employees’ duty to mitigate

Mitigation of damages in the context of a wrongful dismissal claim is one of those concepts that is often referred to but not well understood.

 

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Update on damages arising out of bad faith in the course of dismissal: Soost vs. Merrill Lynch Canada Inc.

The Court of Appeal in Alberta has just ruled that there was no basis to award “The Damages Formerly Known as Wallace” in Soost v. Merrill Lynch Canada Inc., dramatically reducing the value of the award.

 

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Litigating just cause cases

Making the decision to dismiss an employee for just cause and litigating a wrongful dismissal claim on the basis of summary dismissal are two different things…

 

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Arbitrator rules against GTAA in favour of employee

“Employees are not like tissues to be used up and then thrown out at a whim into a bin of low-level employment or unemployment.” The arbitrator in a recent case concluded that the Greater Toronto Airports Authority’s conduct in terminating a disabled employee was a violation of its collective agreement…

 

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