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Supreme Court: May be necessary for dismissed employees to return to the same employer to satisfy duty to mitigate

May 2, 2008 | By Janice Rubin

According to the Supreme Court of Canada, it may be necessary for a dismissed employee to mitigate his or her damages by returning to work for the same employer. In a case released just yesterday, the Supreme Court of Canada has added a new and interesting element to the mix of termination options for employers.

Notice not always proportionate to service in case of short service employee

April 8, 2008 | By Janice Rubin

A recent case involving the termination of a short service employee, illustrates a principle that is often difficult for employers to accept. A terminated employee’s entitlement to reasonable notice may not always be proportionate to his or her notice. The case in point is Gingerich v. Kobe Sportswear Inc. (unreported, January 25, 2008). Here, Mr.

Supreme Court of Canada hears Honda v. Keays

February 21, 2008 | By Janice Rubin

Today, the Supreme Court of Canada heard submissions in what is arguably the most important employment law case in over a decade, Honda v. Keays. At issue are the legal consequences of firing an employee with a disability – in this case chronic fatigue syndrome. As part of the company’s disability management program, Honda required

Restrictive covenants that “stick”

January 24, 2008 | By Janice Rubin

This week, we continue to look back at noteworthy 2007 employment law cases. For people who are interested in the duties imposed on departing employees, have a look at H.L. Staebler Co. v. Allan [2007] O.J. No. 3460, a decision of the Ontario Superior Court of Justice. The case revolved around whether an employer’s restrictive

Frustration

January 14, 2008 | By Janice Rubin

One of the more interesting trends in the 2007 case law was a number of cases in which judges considered whether an employee’s contract of employment had become “frustrated” due to illness and disability. “Frustration” is an old legal concept taken from the law of contracts. It sets out the circumstances when one party to

Welcome to RTLaw@Work

January 7, 2008 | By Janice Rubin

Happy New Year and welcome to the first edition of RTLaw@Work, Rubin Thomlinson’s weekly blog on new and noteworthy employment law cases. We could not say goodbye to 2007, without mentioning our favourite case of the year, Mercey v. Consolidated Recycling [2007] O.J. No. 3608 (QL). This decision was released in September, and is still

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