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Preview: Thoughts from a Management Lawyer

Thoughts from an Employment Lawyer

Commentary on Canadian Labour and Employment Law Issues

Published: 2017-12-07T09:11:05-05:00


Anticipatory Termination of Employment Proves Costly


Please have a read of my new blog post on the Fitzgibbon Workplace Law blog. The post is entitled Anticipatory Termination of Employment Proves Costly and discusses a unique claim for wrongful dismissal (along with some other employment issues).

Fired For Social Media Activity? It Happens


Reading a recent BBC article entitled I lost my job over a Facebook post - was that fair? I was reminded of two things. How misunderstood social media continues to be as it relates to the workplace; and That terminations and litigation takes a personal toll on those involved. The...

Rushing to Judgment Proves Costly in a Just Cause Termination


Another day another employment case where the Court awards exceptional damages (in this case aggravated damages). The case involved an employer who terminated an employee, ostensibly for just cause following an investigation. The employer withdrew the allegation of just cause on the opening day of trial. The case is Lalonde...

Bonus Eligibility Tied to Active Employment


The Ontario Court of Appeal released a decision in Paquette v. TeraGo Networks Inc., 2016 ONCA 618 (CanLII) that should have employers pulling out and reviewing their incentive plans, including bonus, STIP, LTIP, stock options and whatever else is contingent upon “active employment”. The Ontario Court of Appeal reviewed a...

Enforceability of Employment Contracts a Comprehensive Case


Please take some time to make your way through Cook v. Hatch Ltd., 2017 ONSC 47. It’s a well reasoned and thoughtful decision that injects some common sense into the enforceability of contractual termination clause discussion. The employment relationship is contractual and the task of the court is to determine...

Sale of a Business and Intermingling under the Labour Relations Act, 1995


The Ontario Labour Relations Board (“OLRB”) considered the sale of a business provisions in the Labour Relations Act, 1995 in ADT Security Services Canada, Inc. v Unifor Local 554, 2017 CanLII 4481 (ON LRB). ADT (a unionized company) purchased a Protectron (a non-unionized company) and, although initially operating as distinct...

Punitive Damages in Wrongful Dismissal Cases


A recent case from the Ontario Superior Court of Justice highlights that terminating employees requires careful planning, particularly where just cause is alleged. The case is Morison v Ergo-Industrial Seating Systems Inc., 2016 ONSC 6725 (CanLII). The plaintiff was the company's regional manager, responsible for Eastern Ontario and Western Quebec,...

Roy Heenan O.C. Passes Away - A Brief Reflection


When I recently heard the news of the passing of Roy Heenan I took a walk down memory lane (Roy Heenan remembered as ‘brilliant jurist’ and ‘big personality’). Mr. Heenan was of course a leader in Canadian labour and employment law, a founding partner with Peter Blaikie of Heenan Blaikie...

Who Bears the Cost of an Adjournment of an Arbitration Hearing?


The recent drama at the The Amalgamated Transit Union, Local 113 has generated an interesting arbitration award in Toronto Transit Commission v Amalgamated Transit Union, Local 113 2017 CanLII 5852 (ON LA). By way of background, the Globe and Mail reported (Ousted TTC union head predicts 'labour strife') that: Local...

Post-Discharge Evidence and Alcoholism


Here’s a tough decision in the sense that the employer was in a “no win” situation and did the best it could. The case is Safeway Operations (Provincial) v United Food and Commercial Workers Canada Union, Local 401, 2016 CanLII 97607 (AB GAA). An employee goes AWOL for a period...