Upcoming Webinar: May 7, 2024 @ 12:00 P.M. (ET) | Cultural Initiatives in Policing: Part 2 – Calgary Police Service | Register Today!
Special note to BC readers: If this subject is of interest to you, you may wish attend one of our related workshops in BC. Some spots are still open for the following sessions – we recommend registering soon. We hope to see you there. Bystander Intervention Training – May 23, 2018 Learn how to enable &
A recent case from Alberta, Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525, provides a helpful example of what an employer should not do when investigating complaints of sexual harassment and sexual assault. In this wrongful dismissal case, the employer defended its decision to terminate Mr. S, the plaintiff-employee, by relying on the findings
A recent decision from the Ontario Superior Court of Justice proves how challenging just cause dismissals can be for employers. In this case, the Court found that an employee who punched a co-worker in the nose did not deserve the “capital punishment” in employment law – dismissal for cause. The employee had 15 years of
Legal fees and disbursements are important factors to be considered at every stage of litigation. Before commencing litigation, a party must assess whether the potential costs justify making a claim at all—i.e. “Does the amount I’ll likely recover outweigh the costs I’ll likely incur in recovering it?” Throughout the litigation, a prudent party will frequently
Since I last wrote about the use of summary judgment in wrongful dismissal actions, there have been two significant updates: In January 2014, the Supreme Court revamped the approach to summary judgment motions in Hryniak v. Mauldin; and In the six months since Hryniak, the courts have applied this revamped approach to wrongful dismissal actions,
My mother always told me to play nice. I recall that simple but sage advice when I encounter employers behaving badly (“EBBs”, as I call them). EBBs are employers that act without regard to: a) basic employer obligations, and/or b) common decency vis-à-vis their employees. As revealed by the case law over the years, the
Litigation is rarely the preferred option for employers, but when an employer and a former employee cannot agree on the terms of a severance package, litigation may be inevitable. As an employer, what can you expect when you’re expecting a wrongful dismissal claim? Here is a high-level overview of the major steps in wrongful dismissal
With the frequent use of email in the workplace, it is not surprising that the occasional embarrassing message has been sent to the wrong user. A recent decision of the Divisional Court, however, should caution all employers that an inadvertent email may not only be embarrassing but can also have significant legal consequences. In Fernandes
Follow us:
Rubin Thomlinson LLP
Tel: (416) 847-1814 | Fax: (416) 847-1815
Privacy Statement | Terms and Conditions
Copyright © 2024
