Issues of Interest

April 21, 2015

Just Cause – Insolence

An individual had been working as a labourer in an auto repair shop for over seven years and until the date of termination, had an unblemished […]
April 21, 2015

Just Cause – Absenteeism and Lateness

In the discussion that follows, we are concerned with occasional absences from work which an employee may attempt to justify by a telephone call indicating that […]
April 21, 2015

Just Cause – Intoxication

Can an employee who comes to work intoxicated, be terminated for cause? Except where the employee is suffering from alcoholism, the answer may be “yes”. The […]
April 21, 2015

Just Cause – Incompetence – Poor Performance

In our previous article, we introduced the concept of “just cause” and the effect of a finding of cause on the rights of an employee in […]
April 21, 2015

Just Cause – A Case Analysis – Cause Upheld

As stated in previous articles, if an employer terminates an employee, its obligation is to provide “notice” or “pay in lieu of notice” except where it […]
April 21, 2015

Just Cause – The Contextual Approach

“Dishonesty” encompasses not only theft or fraud but any form of untrustworthy conduct. Just cause based on dishonesty may arise whether the conduct in question occurs […]
April 21, 2015

Just Cause – Dishonesty

Not every employee who faces termination of employment will have an action for wrongful dismissal. A termination is “wrongful” when an employee is terminated without cause […]
April 21, 2015

Just Cause – General Overview

It is difficult enough for an individual to be suddenly told that his or her employment has come to an end. It is doubly so when […]
April 21, 2015

Terminated For Cause – Where Do I Go?

Being terminated can be one of the most traumatic experiences in one’s life. In the normal course, and when cause is not alleged, the legal issue […]
April 21, 2015

Mental Distress – A Case Analysis

Where an employer terminates an employee without cause and fails to provide reasonable notice, the employee can sue for wrongful dismissal to obtain damages equal to […]
April 21, 2015

Mental Distress – An Overview

Rare will be a termination of employment which does not cause an employee to suffer emotionally and psychologically from the loss of work and associated loss […]
April 21, 2015

Bad Faith Damages – A Case Analysis

In a recent decision of the Alberta Provincial Court in Locke and Chandos Construction Ltd., a number of interesting legal issues were addressed. Mr. Locke was […]
April 21, 2015

Bad Faith Damages – An Overview

An employee who is terminated without just cause has a legal entitlement to reasonable notice of termination or pay equal to the appropriate notice period. The […]
April 17, 2015

Notice – Are Employment Standards Minimums Sufficient?

It has become increasingly commonplace for individuals to be told by their employers that as a result of corporate restructuring or re-organization, shortage of work or […]
April 17, 2015

Notice – What am I Entitled To?

An employer who dismisses an employee without cause is obliged by law to provide notice of termination which must include either a period of working notice […]
April 17, 2015

Employment Standards Act

EMPLOYMENT STANDARDS ACT PAYMENTS AND COMMON LAW DAMAGES – WHAT IS THE DIFFERENCE? Termination can be one of the most traumatic experiences in one’s life. An […]
April 16, 2015

Calculating Damages For Wrongful Dimissal

An employee who is dismissed without cause is entitled to reasonable notice of termination. Where an employer provides “working notice”, the employee is given advance notice […]