Resources: Employment
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A Haphazard Sexual Harassment Investigation – What Could Possibly Go Wrong?
May 2017
Melissa Doyle, a well-educated woman who had worked with Zochem Inc. for nine years, supervised an all-male group of refinery workers. The workplace culture was dominated by the Maintenance Supervisor’s “male locker room” mentality. On his office walls were pictures of scantily clad women. He expected Ms. Doyle to act like “one of the boys”, by sharing details of her dating life, laughing at his lewd jokes and engaging in otherwise unwelcome sexual banter.
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A Haphazard Sexual Harassment Investigation – What Could Possibly Go Wrong? -
Alberta Court of Appeal Overturns Contentious Bonus Award Because Employee Was Not Actively Employed On Vesting Date
May 2017
In Styles v. Alberta Investment Management Corporation, 2017 ABCA 1, the Alberta Court of Appeal (the “Court”) reversed a lower court decision that had awarded a dismissed employee, David Styles, almost $500,000 for an unpaid incentive bonus in spite of the fact he was disentitled to any bonus pursuant to the terms of his written employment contract.
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Alberta Court of Appeal Overturns Contentious Bonus Award Because Employee Was Not Actively Employed On Vesting Date -
Can an Employer’s Unfavourable Reference Ground a Claim for Defamation?
May 2017
The Ontario Superior Court of Justice recently found an employee’s defamation claim against his previous employer for an unfavourable reference could not succeed, because the reference was justified and fell “within the range of qualified privilege”.
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Can an Employer’s Unfavourable Reference Ground a Claim for Defamation? -
Nobody Cares About Your (Unilateral) Life Plans: Lessons From the Great White North
April 2017
A recent decision of the Yukon Court of Appeal provides some valuable commentary about the role (or lack thereof) played by one’s personal plans in determining the appropriate length of notice for a dismissed employee.
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Nobody Cares About Your (Unilateral) Life Plans: Lessons From the Great White North -
In the Right Context, “Revelation of Character”, Including After-Acquired Cause Dating Back Years, Can Warrant Summary Dismissal
April 2017
In Smith v. Pacific Coast Terminals Co., 2016 BCSC 1876, an employee was considered by his employer to have misled it regarding the necessary permits for a construction project. Although the employer viewed the misconduct to be serious, it decided to dismiss the employee without cause and offer him a severance package.
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In the Right Context, “Revelation of Character”, Including After-Acquired Cause Dating Back Years, Can Warrant Summary Dismissal -
Be on the Lookout for the Bonus Pony: Without Careful Language, a Terminated Employee will be Able to Ride It Away into the Sunset
March 2017
A recent Ontario Court of Appeal decision has once again highlighted the challenges associated with controlling bonus payments for terminated employees. In Paquette v. TeraGo Networks Inc. , 2016 ONCA 618, the Court awarded damages for a bonus falling within the notice period despite the fact that the bonus plan had specific language requiring “active employment” for any amount to be paid.
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Be on the Lookout for the Bonus Pony: Without Careful Language, a Terminated Employee will be Able to Ride It Away into the Sunset -
Right to Refuse Unsafe Work – Federal Developments
March 2017
In BC, a worker has a right to refuse work if he/she “has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person” pursuant to Section 3.12(1), of the Occupational Health and Safety (OHS) Regulations. There is no general definition of the term “danger” in the OHS Regulations.
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Right to Refuse Unsafe Work – Federal Developments -
Court of Appeal Brings Clarity to Termination Clauses
March 2017
The Ontario Court of Appeal has just released a significant decision regarding the interpretation of termination clauses in employment contracts. The decision in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (“Wood”) reaffirms that courts in Ontario will take a strict approach to interpreting these clauses and even potential inconsistencies with the Employment Standards Act (the “ESA”) will be sufficient to invalidate a clause.
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Court of Appeal Brings Clarity to Termination Clauses -
Is This the New Standard For Family Status Discrimination?
February 2017
It is now accepted that “family status” protections under human rights legislation cover persons who are in a parent-child relationship, as well as the obligations which flow from that relationship, such as child or elder care.
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Is This the New Standard For Family Status Discrimination? -
Ontario Court Holds Employer Must Pay Over 3 Years of Severance Under Fixed Term Contract
February 2017
In its recent decision, Howard v Benson, the Ontario Court of Appeal has dramatically increased the potential severance liability for employers of using fixed term employment agreements by holding that the employer must pay compensation over the full balance of the term with no reduction for re-employment income earned by the employee.
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Ontario Court Holds Employer Must Pay Over 3 Years of Severance Under Fixed Term Contract