Ontario Employers Beware: Common Termination Language Held Unenforceable
Apr 16, 2024Ontario's Superior Court of Justice found that a termination clause was unenforceable because it gave the employer discretion to terminate "at any time".
Warning For Businesses: Companies Can be Liable for Tort of Bribery Even if They Did Not Intend to Pay or Receive a Bribe
Apr 12, 2024Businesses with a duty to provide impartial advice must take steps to ensure the payments they make or receive are not later interpreted as bribes.
Opa! A Reminder to Employers on the Importance of Proper Investigations
Mar 26, 2024Restaurant employee awarded significant damages for employer's failure to investigate sexual harassment allegations.
Duty to Mitigate Part II – Revenge of the Job Offer
Mar 5, 2024Ontario's Superior Court of Justice found that a terminated employee failed to mitigate by refusing to accept an offer of comparable employment.
Retail Closure Lay-Offs: Frustrating but Not Frustration of Contract
Feb 6, 2024The BC Court of Appeal reinforces that frustration of contract, particularly in the employment context, is a stringent threshold.
Part Two of McMillan’s R. vs Greater Sudbury Webinar
As a follow up to our first webinar back in December 2023 where we considered the history, details and legal implications of the Supreme Court of Canada’s decision in
What, I have to find you a job, too? The Onus on Employers to Show a Failure to Mitigate in Wrongful Dismissal Cases
Jan 17, 2024Ontario's Superior Court recently emphasized that the onus is on the employer to show the failure of a former employee to mitigate in wrongful dismissal cases.
BC Court of Appeal Confirms Dishonesty Constitutes Cause for Dismissal – Key Takeaways from Mechalchuk v. Galaxy Motors (1990) Ltd.
Jan 12, 2024The British Columbia Court of Appeal confirms that submitting personal meals as business expenses can constitute cause for dismissal.
No Constructive Dismissal for Vaccination Refusal
Jan 10, 2024A recent Alberta decision affirms that an employer’s reasonable vaccination policy will be upheld.
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