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Results: 1-10 of 535

Beware of the Allure of an Automatic Termination Clause
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 26 2016

The Labour Court has repeatedly demonstrated its willingness to hold as invalid a provision in an employment contract which purports to limit the


Human rights tribunal jurisdiction requires employment relationship
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 24 2016

The British Columbia Court of Appeal has ruled that the British Columbia Human Rights Tribunal could not take jurisdiction over a discrimination


Glimmer of Hope for Random Drug & Alcohol Testing
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 18 2016

A recent decision of the Alberta Court of Queen's Bench suggests that employers seeking to implement random drug and alcohol testing in dangerous


The Ontario Government’s “Intransigent” Bargaining Strategy with Teachers is Unconstitutional, Says Court
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 15 2016

In 2015, we reported on the Supreme Court of Canada's "New Labour Trilogy" - three landmark constitutional law decisions from January 2015 that


Employers Should be Proactive in Managing Workers’ Compensation Claims The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 9 2016

Many employers struggle to efficiently manage workers' compensation claims. Most provincial experience rating programs established by workers'


Early termination of fixed-term contract proves costly
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 3 2016

In its recent decision in Howard v Benson Group Inc the Ontario Court of Appeal ordered an employer to pay three years' compensation - amounting to


Federal Employees Protected Against Without Cause Dismissal -Wilson v. AECL
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 18 2016

In Wilson v. AECL, a sharply divided Supreme Court of Canada overruled the Federal Court of Appeal and held that, subject to narrow exceptions


Damages for wrongful dismissal: who must prove what?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 13 2016

Canadian employees can sue for lack of adequate notice of termination. Fired employees seeking damages for inadequate notice have a corresponding


Harassment in the Workplace: Does the Victim’s Perception Matter?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 6 2016

Over the last few years, decision-makers across the country have regularly been called on to interpret the meaning of "harassment". Certain


Ontario court finds government's 'intransigent' bargaining strategy unconstitutional
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 29 2016

The Supreme Court of Canada's 'new labour trilogy' - three landmark constitutional law decisions from January 2015 - called into question basic