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Just Cause Canada

Littler

British Columbia Appeal Court Upholds Finding That Employee’s Surreptitious Recording of Conversations with Colleagues Justified...

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal (BCCA) upheld the lower court’s dismissal of an employee’s wrongful dismissal claim and its finding that his surreptitious...more

Stikeman Elliott LLP

I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more

Littler

British Columbia Court Finds Employer Had Just Cause to Dismiss Full-time Employee Who Worked on Side Business During Working...

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In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032 , the Supreme Court of British Columbia found that an employer had just cause for the dismissal of a full-time employee who worked on a side business during working...more

Littler

British Columbia: Employer that Engaged in “Hardball Tactics” to Manufacture Just Cause for Termination Must Pay over $200K in...

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In Chu v China Southern Airlines Company Limited, 2023 BCSC 21, the court held that an employer that attempted to manufacture just cause for the termination of a vulnerable employee breached its duty of good faith and fair...more

Littler

Surreptitious Recording of Conversations with Colleagues May Justify Termination of Employment for Cause in British Columbia,...

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In Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112 (Mercer), the Supreme Court of British Columbia dismissed an employee’s wrongful dismissal claim and held that his surreptitious recording of conversations with...more

Littler

Ontario, Canada: Superior Court Determines Enforceability of Termination Clause

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The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more

Bennett Jones LLP

Investigating Sexual Assault in the Workplace—A Cautionary Tale

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Sexual harassment in the workplace continues to be a top legal risk for employers, especially in the context of the #metoo movement. Employers have a duty to investigate and promptly deal with allegations of harassment in the...more

Littler

Canada: Court Orders Punitive Damages for An Employer’s Willful Mischaracterization of the Basis of a Termination

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A recent case from the Ontario Superior Court of Justice, Gordon v. Altus Group Ltd., serves as a reminder that employers should not exaggerate facts when asserting a defense of “just cause” termination....more

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