Resources: Employment
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Supreme Court of Canada Creates New Contract Law Duty: Duty of Honest Performance
March 2015
In another recent decision of the SCC, Bhasin v Hrynew, 2014 SCC 71, the Court recognized a new common law contractual duty: the duty of honest performance.
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Supreme Court of Canada Creates New Contract Law Duty: Duty of Honest Performance -
Beware The Administrative Suspension with Pay! It May Result in a Successful Constructive Dismissal Claim
March 2015
In a recent decision of the Supreme Court of Canada – Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 – the majority concluded that where the terms of an employment contract do not include the authority to place an employee on administrative suspension and…
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Beware The Administrative Suspension with Pay! It May Result in a Successful Constructive Dismissal Claim -
Major Clarification in Law around Dismissal of Non-Union, Federally Regulated Employees: Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17
March 2015
The Federal Court of Appeal recently clarified that without cause dismissals of employees covered by the Canada Labour Code (the “Canada Code”), such as those working in banking, broadcasting, telecommunications and the railways, are not automatically “unjust” simply by virtue of the fact that no cause is asserted.
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Major Clarification in Law around Dismissal of Non-Union, Federally Regulated Employees: Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 -
Drafting Employment Contracts: Avoiding Surprise and Liability
February 2015
If drafted properly, employment agreements can go a long way towards mitigating potential employer liability upon termination. However, if contracts are drafted poorly, or not drafted at all, employers may be left with nothing more than a false sense of security.
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Drafting Employment Contracts: Avoiding Surprise and Liability -
Being Clear about Contractual Rights and Obligations Benefits Employers
October 2015
A recent case out of Ontario demonstrates the importance of incorporating precise, unequivocal terms in an employment contract. In Kielb v. National Money Mart Co., 2015 ONSC 3790, the defendant employer successfully relied on clear contractual language in order to exclude the payment of a bonus at the time of termination of employment.
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Being Clear about Contractual Rights and Obligations Benefits Employers -
Let’s Go Find the Wrong Person – The Costs of Terminating a Recruited Employee
January 2015
In a recent decision, Rodgers v. CEVA, 2014 ONSC 6583, an Ontario employer paid a high price for terminating a senior employee who had been recruited with an attractive job offer.
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Let’s Go Find the Wrong Person – The Costs of Terminating a Recruited Employee -
“Physical Disability” Defined – A Critical Threshold Question
January 2015
Human rights statutes across Canada prohibit discrimination in employment on the basis of, among other things, “physical disability”. Sometimes it is clear that an employee is physically disabled, and entitled to statutory protection. However, there are other times when it is unclear if an employee’s medical circumstances fit the definition.
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“Physical Disability” Defined – A Critical Threshold Question -
Establishing Undue Hardship Is Possible: Wilcox v. University of British Columbia and others, 2014 BCHRT 228
December 2014
A recent decision of the B.C. Human Rights Tribunal, Wilcox v. University of British Columbia and others, 2014 BCHRT 228, demonstrates that undue hardship is not an impossible threshold to meet, even for a large and diverse employer such as a university.
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Establishing Undue Hardship Is Possible: Wilcox v. University of British Columbia and others, 2014 BCHRT 228 -
Do You Speak My Language? Language Proficiency as a Potentially Unforeseen Human Rights Risk
December 2014
Many employers which have business operations that require a high and proficient level of communication struggle with the English language abilities of their employees.
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Do You Speak My Language? Language Proficiency as a Potentially Unforeseen Human Rights Risk -
Expensive Secret Telling: When Damages May Be Available for Breach of a Confidentiality Clause in a Settlement Agreement
November 2014
Employers often enter into settlements in order to avoid litigation. Sometimes, the confidentiality of the settlement is crucially important to the employer. While simple confidentiality clauses are often included in settlement terms and coupled with enforcement mechanisms (what happens if a breach occurs), it is uncommon to see cases that address..
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Expensive Secret Telling: When Damages May Be Available for Breach of a Confidentiality Clause in a Settlement Agreement