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Archives for December 2021

By | 3 Minutes Read

Sexual assault is by definition serious misconduct

In AG Growth International Inc v Dupont ( 2021 ABQB) Justice Little, sitting on appeal from a decision of the Provincial Court found that the trial judge had made a error of law when he failed to begin his analysis of the actions of the Plaintiff by starting with the premise that a sexual assault is automatically at the high end misconduct.

By | 3 Minutes Read

What is the ‘Working for Workers Act’?

Employers should be aware of new changes coming to Ontario businesses with the Working for Workers Act, 2021 (Bill 27). These changes in the workplace come as a measure to improve the work/life balance of Ontarians and aid with the economic growth of the province while attracting top talent.

By | 2 Minutes Read

Employee sophistication and enforceability of termination provisions

Recent judgments have muddied the waters on the importance of considering the relative sophistication of employees in determining the enforceability of termination provisions in employment contracts. Employee sophistication had previously been considered in interpreting whether termination provisions were valid, on the premise that inherent in the employer-employee relationship is an imbalance of power. This consideration may not be as significant in light of recent developments in case law.

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