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The case for cause with a single act of employee misconduct
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 29 2015

In Steel v. Coast Capital Savings Credit Union (PDF), the British Columbia Court of Appeal recently confirmed that a single incident of employee


Drug testing does not always violate fundamental rights
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 22 2015

As discussed in past articles, the criteria for allowing random drug or alcohol testing in the workplace are very limited because these tests are


A tale of two cities: court rules that an employee transferred from Ontario to New York may not sue for wrongful dismissal in Ontario
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 14 2015

An employment relationship between an employee and Four Seasons Hotels Limited ("Four Seasons") began in Toronto, Ontario when the employee became


Overdue accessibility compliance reports
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 9 2015

Chances are you've heard of the Accessibility for Ontarians with Disabilities Act ("AODA"). Just what is it? It's proactive legislation in Ontario


When is a suspension not a suspension? When it's a constructive dismissal
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 1 2015

When is a suspension not a suspension? Sounds like the start of a bad joke. However, in a recent decision, the Supreme Court of Canada explained


Labour Court holds that female-only maternity leave policy constitutes unfair discrimination
  • Fasken Martineau DuMoulin LLP
  • South Africa
  • March 30 2015

On 26 March 2015, the Labour Court in the matter between MIA v State Information Technology Agency (Pty) Ltd held that a maternity leave policy of an


No requirement to accommodate store manager who could not serve customers the HR space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • March 25 2015

Most employers are familiar with the duty to accommodate employees who suffer from disabilities to the point of undue hardship. In the recent case


Refusing to collaborate in an employer’s psychological harassment investigation can be grounds for dismissal
  • Fasken Martineau DuMoulin LLP
  • Canada
  • March 23 2015

In Séguin v. Dessau Inc. (PDF - available in French only), a tribunal, the Commission des relations du travail (CRT), upheld the dismissal of


A swing and a miss: Court of Appeal confirms that lying about sick days is cause for termination
  • Fasken Martineau DuMoulin LLP
  • Canada
  • March 18 2015

Unexpected employee absences from work can be difficult for employers. Scheduling adjustments have to be made with other employees, customer service


Ontario to hold public consultations on labour and employment law
  • Fasken Martineau DuMoulin LLP
  • Canada
  • March 18 2015

In its July 14, 2014 Throne Speech, the Ontario government announced that it intended to adapt itself to the changing work environment. As mentioned