A few months ago I provided a contribution to this blog concerning an update on the law of just cause. I am doing so again with today’s blog, not for the fact that I am really interested in the law of just cause, but rather, judicial decisions that supported the defendant’s termination for just cause are quite uncommon and the factual circumstances are always quite interesting, such as in the newly released decision of Mykki Cavic v. Costco Wholesale Canada Limited.
Every month I have the benefit of drafting a quick blog on great employment law topics. A case that I very recently read, which is probably the best employment case I have ever read, catalyzed my interest in drafting a quick primer on the law of just cause. In the case of Barton v. Rona Ontario Inc. (2012 ONSC 3809) the plaintiff Kerry Barton was an assistant store manager at Rona in Barrie. He managed approximately 140 employees. One of the employees was wheelchair bound...
Increasingly, Canadian courts have recognized an in-between class of agents that are not technically employees or not technically independent contractors. Over the past few years, our courts have come up with a hybrid category of agents called "dependent contractors." These are independent individuals who work so closely with employers, and whose relationship status with their "employer" is so sufficiently long-lasting, as to allow them entitlement for reasonable notice.
Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.