Aug 25, 2021 | Employment Practices Liability
Dismissals alleging cause are usually “all or nothing” litigation. A recent Manitoba Court of Appeal decision has confirmed employees are not entitled to pre-dismissal investigations. But there’s more…
Jul 17, 2020 | Employment Practices Liability
A recent Court of Appeal decision potentially invalidating termination clauses in contracts of employment represents an opportunity to plan for change and not to panic.
Sep 25, 2019 | Employment Practices Liability
When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after his disability...
Jul 19, 2019 | Employment Practices Liability
In the decision of English v. Manulife Financial Corporation, the Ontario Court of Appeal has weighed in on when a change in circumstances may allow an employee to revoke a seemingly clear resignation. For the purposes of this blog, the facts in English are fairly...
Feb 7, 2019 | Employment Practices Liability
In what can only be described as a Pyrrhic victory, a recent Ontario Superior Court summary judgment decision highlights the employment risks present in temporary lay-offs during a business downtown. This decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim. This decision also confirms that employees must take offers of re-employment seriously when alleging constructive dismissal.
Jun 11, 2018 | Employment Practices Liability
Two recent decisions from Ontario highlight that unlike fine wine, wrongful dismissal claims do not get better with age. The Superior Court decision of Kennedy v. RBC, and the Court of Appeal decision of Bailey v. Milo-Food & Agricultural Infrastructure &...
