Issues of Interest

April 21, 2015

Reasonable Notice and The Employment Contract

In a previous article dealing with the employer’s obligation to provide reasonable notice upon termination, we pointed out that the obligation is by no means absolute. […]
April 21, 2015

Giving With One Hand And Taking With The Other

The case of Rodica Cimpan is a tale of giving with one hand and taking away with the other. Ms. Cimpan was an Early Childhood Educator […]
April 21, 2015

THEFT – GENERAL OVERVIEW

Ms. Fedorowicz was a bookkeeper for Pace Marathon Motor Alliance Inc. (“Pace”), and a friend of the Principal of Pace, George Mallouk. Ms. Fedorowicz knew Mr. […]
April 21, 2015

THEFT – A CASE ANALYSIS Theft – A Case Analysis

David Strauss worked for Albrico Services (1982) Ltd. (“Albrico”) for approximately 16 years. Mr. Strauss was terminated for theft on June 13, 2002. Albrico alleged that […]
April 21, 2015

Just Cause – You Make The Call

Richard Zerr was employed with The Corporation of the District of North Vancouver (the “District”) commencing August 10, 1988, initially earning an annual salary of $92,622.00 […]
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 18, 2015

Employment Law Resources & Links

https://lso.ca https://www.labour.gov.on.ca/english/es/ https://www.employmentlawtoday.com/ https://www.ontario.ca/document/your-guide-employment-standards-act-0 https://www.canada.ca/en/canadian-heritage/services/rights-workplace.html https://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._986/index.html https://www.thecanadianencyclopedia.ca/en/article/employment-law https://sonilaw.ca/
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 […]