wrongful dismissal

The enforceability of arbitration clauses in BC employment contracts

February 25, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, 0

The BC Supreme Court recently considered the enforceability of arbitration clauses in employment contracts, as was addressed in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 (“Uber”).

arbitration clause, employment contract, employment law, wrongful dismissal, wrongful dismissal claim

Three popular articles this week on HRinfodesk

January 30, 2020 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

The three popular articles this week on HRinfodesk deal with remote work options, wrongful dismissal and drug and alcohol testing.

drug and alcohol testing, employment law, remote work arrangements, remote working, safety-sensitive workplace, work from home, wrongful dismissal

A wrongful dismissal time warp – When is two years really six?

December 23, 2019 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Perhaps, when an ex-employee takes six years to “discover” that they were wrongfully dismissed.

employment law, Limitations Act, termination, two-year limitation period, wrongful dismissal

Love at work: considerations for employers in managing office romances

December 13, 2019 Vey Willetts LLP Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security, Training and Development, 1

Office romances are nothing new. Many people have, and will likely continue, to meet their partners at work. In recent months, however, and in the wake of the #MeToo movement, office relationships have become something of a hot topic.

employment law, office romance, workplace relationships, wrongful dismissal

Employee has right to change mind about resignation: ONCA

November 19, 2019 Sean Bawden Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

Can an employee change her mind about resignation, if the impetus for such voluntary resignation ceases to be an issue, and the employee has not yet left employment?

employment law, resignation, retirement, training, wrongful dismissal

Wrongful dismissal update: Alleging just cause is a legal minefield

November 12, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

employment contract, employment law, just cause dismissal, Termination clause, Wallace damages, wrongful dismissal

Frustration of contract can be resolved by summary judgment – Does not require a trial

September 16, 2019 Sean Bawden Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, 0

Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?

Disability benefits, employment law, frustration of contract, Long-term disability, short-term disability, wrongful dismissal

Three popular articles this week on HRinfodesk

August 22, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation, 0

The three popular articles this week on HRinfodesk deal with rescinding a retirement notice, an employee class action lawsuit against RBC Life Insurance and retaining top talent.

class action lawsuit, notice of resignation, retirement, talent retention, wrongful dismissal

Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost

August 19, 2019 Sean Bawden Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation, 0

Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?

comparable employment, employment law, mitigate damages, offer of new employment, wrongful dismissal

Are executives entitled to variable compensation after being terminated?

August 7, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

employment law, Notice of termination, termination, variable compensation, wrongful dismissal, wrongful dismissal claim

Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis

July 22, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 1

What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?

employment law, reasonable notice period at common law, shareholder rights, shareholders’ agreement, termination, wrongful dismissal

Labour arbitrator grants interim protection for complainant of workplace sexual harassment

July 15, 2019 Vey Willetts LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.

#metoo, employment law, sexual harassment complaints, workplace sexual harassment, wrongful dismissal

Aggravated damages are aggravating employers

July 9, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

aggravated damages, duty of good faith, good faith, Good faith in the manner of dismissal, termination, termination in good faith, wrongful dismissal

Laying of criminal charges after dismissal does not delay limitations period

May 27, 2019 Barry B. Fisher LL.B. Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Sosnowski v McEwan Petroleum ( 2019 ONSC 1860) Macleod-Beliveau J. had a situation where the following chronology applied:

criminal charges, employment law, limitation period for wrongful dismissal, wrongful dismissal

Calculating severance: What do the courts say?

May 24, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.

employment law, notice period, pay in lieu of notice of termination, severance, termination and severance pay, termination notice, termination pay, wrongful dismissal, wrongful termination