repudiation of the employment contract

When worlds collide – The evolution of employment law principles in the termination of independent contractor relationships

January 20, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.

breach of contract, contract law principles, employment contract, employment law, employment law principles, independent contractor, just cause dismissal, repudiation of the employment contract, termination

The fork in the road: after-acquired cause for dismissal

October 6, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses an employee without cause, and then later discovers that they had been stealing from the company for years, can they now allege just cause for dismissal?

after acquired cause, bad faith litigation tactics, contract of employment, dismissal with cause, dismissal without cause, employee’s post-repudiation breach, employment law, just cause defence, just cause for dismissal, principle of repudiation, reasonable notice of termination, repudiation of the employment contract, severance package, termination

Refusing to relocate: Just cause for dismissal?

July 8, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

It is not uncommon for an organization to move their offices, or to “transfer” an employee from one location to another. Sometimes, the move is across the street, while other moves are across the country or farther. What happens if an employee refuses to relocate?

constructive dismissal, employee transfer, employment contract, employment law, just cause for dismissal, new terms of employment, office move, proper notice, Refusing to relocate, Relocation, repudiation of the employment contract, terms of employment, Transfers, unilateral and substantial changes

Action for constructive dismissal unsuccessful where employee created hostile workplace

October 15, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources

The British Columbia Supreme Court recently expressed disapproval of a claim for constructive dismissal on the basis of negative treatment where the plaintiff was an active participant in the creation of the toxic work environment.

co-workers, common law, constructive dismissal, employment contract, employment law, fundamental term of the employment relationship, hostile work environment, hostile workplace, intention to return to work, negative treatment, Notice of termination, repudiation of the employment contract, resignation, resigned from position, terminations, wrongful dismissal