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Results: 1-10 of 952

Contractual language rules: commissions during the notice period
  • Fasken Martineau DuMoulin LLP
  • Canada
  • January 5 2015

In Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140 (PDF), the plaintiff, a specialized salesperson, was terminated without


Employers cannot waive the notice period provided by a resigning employee without providing notice
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 14 2014

Under Quebec's Act Respecting Labour Standards ("ALS") and Civil Code of Québec ("CCQ"), an employer who wishes to terminate an indefinite


B.C. Court of Appeal upholds termination for just cause based on employee misconduct discovered post-termination the HR space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 8 2014

A recent decision of the British Columbia Court of Appeal confirms that employee misconduct discovered after a without cause termination may be


Workplace investigation key to avoiding liability in discrimination claims
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 20 2014

In a recent case the Ontario Human Rights Tribunal ruled that while an employer had responded appropriately to some complaints of harassment, its


Google: not a replacement for individualized accommodation
  • Fasken Martineau DuMoulin LLP
  • Canada
  • January 26 2015

It may be convenient and easy to use, but you cannot find the answer to everything on the Internet. As one employer recently learned, Google


Can an employer retaliate against an unreasonable complainant?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • December 2 2014

In a recent B.C. Human Rights Tribunal Decision the Tribunal addressed a complaint of discrimination based on sex contrary to the Human Rights Code


When is dishonesty just cause for dismissal?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • February 4 2015

A recent appeal court decision reaffirmed that dishonest conduct may be just cause for termination. To determine if it is just cause, the conduct


The staggering cost of a “no cause” finding: employer pays employee LTD Benefits to age 65
  • Fasken Martineau DuMoulin LLP
  • Canada
  • January 13 2015

On November 12, 2014, an interesting and worrying decision was released by the Ontario Superior Court in Fernandes v. Peel Educational, 2014 ONSC


Convalescent period following “tummy tuck” surgery did not qualify for short term disability benefits
  • Fasken Martineau DuMoulin LLP
  • Canada
  • February 3 2015

Recently, the Superior Court of Quebec in Syndicat des agents de la paix en services correctionnels du Québec v. Pineau confirmed on judicial review


Defending criminal prosecutions and class action litigation: an increasingly harmonized defence strategy
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 10 2014

Recent developments in Canadian competition law have caused the defence of criminal prosecutions and class action litigation under the Competition