In December 2022, the Alberta legislature passed a bill allowing for an increase to the limit on civil claims in the Alberta Court of Justice (formerly, the Provincial Court of Alberta and sometimes referred to as "small...more
The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more
2/6/2023
/ Arbitration ,
Arbitration Awards ,
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Employer Liability Issues ,
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Human Resources Professionals ,
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Workplace Safety
Key Highlights -
- A constructive dismissal does not occur automatically just because an employer has unilaterally changed a key term of employment—the employee must reject the change.
- The employee must reject the...more
Key Highlights -
- Common law reasonable notice of termination can vary significantly from what is described in an employment contract
- Employment contracts will not be interpreted in the same way as commercial...more
A Question of Mixed Fact and Law -
In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more
The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more
In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more