Lang Michener Employment & Labour Brief Summer 2009

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George Waggott reviews how the alleged unfair

labour practices of a national company could have

consequences beyond the provincial borders where

the allegations arose.

Karen Carteri discusses a recent Labour Relations

Board decision on replacement worker usage

during an essential services strike. David McInnes

provides a summary on a recent Supreme Court of

Canada decision regarding restrictive covenants in

employment contracts, and Joan Young examines an

Ontario case which found an employer’s breach of an

implied term of the employment contract so egregious

seven months pay was awarded as damages.

Finally, David Dahlgren and Claire Ellett review

issues surrounding mitigating damages when employees

are terminated or constructively dismissed.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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