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Results: 1-10 of 430

Poisoned workplaces and constructive dismissal: objective evidence ousts personal perceptions of discrimination
  • McMillan LLP
  • Canada
  • September 19 2013

In General Motors of Canada Limited v Johnson, 2013 ONCA 502, the Ontario Court of Appeal overturned an earlier decision which held that a worker


Call it what you want, it's still constructive dismissal
  • McMillan LLP
  • Canada
  • January 21 2015

Actions that would otherwise be justification for an employee to claim constructive dismissal cannot be transformed simply by "requiring" an


Settling outside the box: Scotiabank reaches novel deal in overtime class action
  • McMillan LLP
  • Canada
  • August 25 2014

An innovative settlement agreement between the Bank of Nova Scotia ("Scotiabank") and a class of bank branch employees seeking compensation for


Employment contracts: choice of law not same as imposing jurisdiction
  • McMillan LLP
  • Canada
  • April 24 2015

Many employers and dismissed employees incorrectly assume that the law stipulated in a contract determines where legal proceedings can be commenced


Gotta have (good) faith: wrongful dismissal and aggravated damages in George v. Cowichan Tribes
  • McMillan LLP
  • Canada
  • April 24 2015

In a recent decision of the British Columbia Supreme Court, George v. Cowichan Tribes,1 an employer was faulted both for dismissing an employee for


Actions speak louder than words: Labour Board holds that employers must demonstrate by conduct that they do not condone employee misconduct
  • McMillan LLP
  • Canada
  • November 18 2014

Generally, the Ontario Employment Standards Act ("ESA") requires employers to provide employees with notice of termination or termination pay in lieu


The most important question is why: the SCC revisits constructive dismissal
  • McMillan LLP
  • Canada
  • March 16 2015

The Supreme Court of Canada recently handed down Potter v New Brunswick Legal Aid Services Commission,ruling that an employer had constructively


After-acquired cause for termination
  • McMillan LLP
  • Canada
  • November 21 2014

A salesman was fired because of his poor work performance. He claims, however, that he was a highly skilled salesman and challenges his dismissal by


Risky business: when is a fixedterm contract an indefinite-term contract?
  • McMillan LLP
  • Canada
  • March 3 2015

Unlike employees hired to indefinite-term contracts, fixed-term employees are not entitled to statutory or common law reasonable notice of termination


28 years later: constitutional right to strike confirmed by Supreme Court
  • McMillan LLP
  • Canada
  • February 3 2015

Nearly 28 years after former Chief Justice Brian Dickson wrote passionate - yet dissenting - reasons in favour of extending constitutional protection