Canada Hiring & Firing

News & Analysis as of

Third Circuit Court Offers Employers Insight into FMLA and ADA

The Third Circuit Court of Appeals recently waded into the waters of the Family Medical Leave Act of 1993 (FMLA) and the Americans with Disabilities Act (ADA), finding that an employer did not violate the FMLA or ADA where it...more

Workwise: Don't Skimp on Statutory Minimums: Drafting an Enforceable Termination Clause

The recent decision of the Court of Appeal for Ontario in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (Wood), once again highlights that employers must be very careful when it comes to drafting termination clauses as a...more

Top 10 Issues for Employers, Issue #7: Obligations When Terminating Without Cause

This is the seventh instalment in our Top 10 Issues for Employers series. This issue addresses termination entitlements upon a “without cause” dismissal. OVERVIEW - Understanding an employee’s entitlements upon a...more

Arbitrator disagrees that grievor’s interference with air quality test was a deliberate act of sabotage and replaces termination...

In this recent Alberta arbitration case, the employer had been dealing with safety issues involving excessive carbon monoxide levels. Carbon monoxide readings in the employer’s facility were often beyond the regulatory levels...more

Five things employers need to know in terminating temporary foreign workers

Although it is well established that employers owe temporary foreign workers the same obligations as those owed to Canadian citizens and permanent residents, employers often struggle with understanding the particular...more

Does your employment agreement clearly address post-termination benefit entitlements?

An employee’s entitlement to benefits, such as bonus or incentive plan payments, following the termination of his or her employment is an important consideration that should be addressed at the commencement of the employment...more

Threats of violence, one day after “sensitivity training”, get worker fired for cause. He “may have a problem with women in the...

A worker who said, “If anything ever happened, like losing my job, I’d have no problem coming in here and shooting them”, a day after receiving sensitivity training relating to workplace violence, was dismissed for cause, an...more

Recruitment and Wage and Hour Law in Ontario

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt...more

Workwise: 5 Tips to Avoid Constructive Dismissal Claims

A constructive dismissal claim arises when an employer unilaterally changes a fundamental term of the employment agreement and, while the employer has not directly terminated the employee, the employee feels as though they...more

Is This The Definitive Word on Termination Provisions/Consideration?

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of...more

Ontario Court of Appeal Upholds Moral Damages, Human Rights Damages, and High Legal Cost Award in Wrongful Dismissal Case

In a new Ontario Court of Appeal case, the appellate court upheld the trial court’s judgment in favor of the plaintiff in the amount of $60,000 for moral damages, $55,849 for wrongful dismissal, $25,000 in human rights...more

Industrial safety specialist properly fired for lying on security application

An Ontario judge has decided that Atomic Energy of Canada Limited had just cause to dismiss an industrial safety specialist who misrepresented his employment history in a security application. ...more

Termination Clause Enforced: Oudin and the Supreme Court of Canada

In Canada, termination clauses in employment agreements are critical tools that allow an employer to avoid providing reasonable notice of termination under the common law.  Each year there are numerous court decisions on this...more

Reliance on the Employment Contract–AKA "But It's Not Fair"

Canadian courts have often been swayed by arguments of fairness from plaintiff employees regarding the interpretation of their employment contracts in an employment dispute. There has been a general judicial recognition of...more

2016 Labour and Employment Law – A Year in Review (in 140 characters or less)

As we close out the first month of 2017, we thought it appropriate to briefly review the cases which caught our eye in 2016 in 140 characters or less...more

Reductions in Force and the Older Workers Benefit Protection Act

It is generally a good idea for companies not to disclose biographical information about their employees, such as marital status, religion, or age. Good HR professionals counsel managers not to ask for such information during...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

Plain Language in Bonus Plan Prevails: No Employment, No Vesting, No Bonus

In positive news for employers, in Styles v Alberta Investment Management Corporation, 2017 ABCA 1 [Styles], the Alberta Court of Appeal (ABCA) affirmed that an employee who does not meet a clear and well drafted condition of...more

Employee who forged 16 sick notes, then tried to blame her manager, was fired for cause

A Canada Revenue Agency employee who forged signatures on 16 sick notes was fired for cause, a federal adjudicator has decided. The employee had a problem with absenteeism and started missing work without calling in. The...more

Top 10 Issues for Employers, Issue #5: Dos and Don’ts of Interviews

This is the fifth instalment in our Top 10 Issues for Employers series. Interviewing prospective employees can be a difficult process for the applicant and the employer alike. For the employer, aside from ensuring that the...more

Should there be a distinct test for family status discrimination? Human Rights Tribunal of Ontario says no

The test for demonstrating prima facie family status discrimination has received a great deal of attention over the last few years. It was initially thought that the family status test set out in Johnstone1 (the “Johnstone...more

After being told that she should just “quit” if she felt unsafe, dismissed employee awarded $15,000 in damages

A charity has been ordered to pay a dismissed employee $15,000 in damages after dismissing her shortly after she had raised safety issues, in violation of the Occupational Health and Safety Act. The charity ran retail...more

Agency personnel in the healthcare sector: who is the real employer?

In recent years, the Québec Tribunal administratif du travail (the “TAT”) (formerly the Commission des relations du travail) has frequently been called on to address the legal implications involved in the hiring of temporary...more

The Resignation Trap: Avoiding Unwanted Consequences When an Employee Resigns

It may be assumed that when an employee says “I quit” or walks into his employer’s office, hands in his keys and says “I’m done” the employer can accept the employee’s resignation and move on with replacing the employee....more

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