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#WorkforceWednesday: DOL Electronic Notices Guidance, EEO-1 Reporting Delayed, CA COVID-19 Paid Sick Leave - Employment Law This Week®
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The short answer is no, not yet, but their future looks uncertain. In this update we have a look at developments affecting restrictive covenants across various jurisdictions around the globe and what multinational employers...more
The Spanish government has introduced Royal Decree 608/2023, a new employment law that requires any company closing operations to notify trade unions, autonomous community labour authorities, and the central government six...more
On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more
Termination of employment by employers in China is virtually never easy even in absence of a crisis situation. When it comes to the economic downturn, employee dismissal becomes far more sensitive....more
In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen’s Bench of Alberta (ABQB) in Bryant v Parkland School Division, 2021...more
The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more
A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more
In Oostlander v Cervus Equipment Corporation, 2022 ABQB 200, the Court of Queen’s Bench of Alberta awarded 24 months’ pay in lieu of reasonable notice to a long-term heavy duty mechanic, less mitigation income. The court also...more
On February 24, 2022, the Ontario government announced (the “Announcement”) its plan to introduce legislation that would require Ontario employers to inform their employees if and how they are being monitored electronically....more
In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal (OCA) dismissed the employer’s appeal of a lower court decision in which trial judge held “exceptional circumstances” existed to justify making an...more
On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more
In Kraft v. Firepower Financial Corp., 2021 ONSC 4962 (Firepower Financial), an employee brought a motion for summary judgment seeking 10 months’ salary in lieu of notice, commissions and bonuses, and holiday and vacation pay...more
In Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more
In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more
In Currie v. Nylene Canada Inc., 2021 ONSC 1922, Ontario’s Superior Court held that “exceptional circumstances” existed to justify making an award that exceeded the 24-month “high end” amount of reasonable notice for...more
In Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, the Ontario Superior Court determined that an employee’s pregnancy should impact the calculation of her reasonable notice period for dismissal. The court awarded the...more
In a recent decision of the Ontario Superior Court of Justice, Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998 (Peninsula Employment), the court considered factors unique to the COVID-19 pandemic in...more
In Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110, the Queen’s Bench for Saskatchewan considered the impact of an employee’s voluntary interruption of employment on her entitlement to common law...more
On October 19, 2020, the Arnhem-Leeuwarden Court of Appeal ruled on whether an employer had met its duty of notification and whether it owed compensation in lieu of notifying the employee about his contract extension. Under...more
On 28 September 2020, new regulations introduced an obligation on people to self-isolate where they have been advised to do so through the NHS track and trace system or where they or someone they live with has tested positive...more
In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415, one of the first decisions from Ontario’s Superior Court since the COVID-19 pandemic began, the court focused on an employee’s responsibilities rather than his...more
A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more
The recent decision of the Ontario Court of Appeal in Manthadi v. ASCO Manufacturing, 2020 ONCA 485, analyzed the common law approach to the calculation of reasonable notice when a vendor terminates a worker’s employment in...more
On June 16, 2020, the Court of Appeal for Ontario handed down a decision that will have a profound impact on the enforceability of termination provisions in Ontario employment agreements. In Waksdale v. Swegon North America,...more
This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more