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Supreme Court to decide on employer's right to waive employee's notice of resignation without paying indemnity
  • McMillan LLP
  • Canada
  • September 19 2013

In May 2013, we discussed an important judgment of the Québec Court of Appeal which ruled that an employer may waive an employee's notice


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


Privacy laws are too broad Alberta statute ruled unconstitutional
  • McMillan LLP
  • Canada
  • November 21 2013

In a significant decision affecting the permissible scope of protection under Canada's private sector privacy laws, the Supreme Court of Canada has


Yogi was right it is like déjà-vu, all over again!
  • McMillan LLP
  • Canada
  • May 8 2014

He is a three time most valuable player, a Hall of Fame catcher, one of only seven managers in major league baseball history to pilot teams from both


Don Cherry, the sexes and the Barking Frog
  • McMillan LLP
  • Canada
  • May 9 2013

Hockey mad Canadians are used to hearing Don "Grapes" Cherry, CBC's soon to be octogenarian hockey analyst, stir the pot with his often provocative


Beware a failure to accommodate employee ordered reinstated with back pay after an 11.5 year absence
  • McMillan LLP
  • Canada
  • April 17 2013

Most employers are generally aware that they have a duty to accommodate ill or injured employees to the point of undue hardship. The recent decision


To pay vacation pay, or not pay vacation pay: that is the question
  • McMillan LLP
  • Canada
  • February 13 2014

We are often asked by employers to provide direction about payment of vacation pay to departing employees. What may seem like a simple question


Canadian employment claims: global employers can challenge jurisdiction
  • McMillan LLP
  • Canada
  • February 13 2014

Many multinational employers blindly assume that they are required to defend a case wherever it is commenced, without considering the prospect of a


Forfeiture provisions in compensation plans not restraints of trade: employers can refuse payment to departed employees
  • McMillan LLP
  • Canada
  • December 10 2013

Executive compensation plans are often designed to both reward past performance and offer a meaningful retention incentive. In the recent decision in


You can't have your cake and eat it (part) 2: an update on mitigation and employment contracts
  • McMillan LLP
  • Canada
  • December 10 2013

In June 2012, we wrote about Chief Justice Winkler's decision in Bowes v Goss Power Products (2012 ONCA 425) ("Bowes"), which had raised a number of