Employers limiting limitations; Where’s the consideration?
American employers have begun to ask new employees to sign a waiver which effectively reduces the limitation period for employment law claims to 6 months after the loss. Our friends …
PRESS RELEASE FOR THE "ICE COLD BEER GUY"
My office has now been advised by Mr. McMahon’s former employer that it has completed its investigation into the matter and that it is not prepared to reinstate Mr. McMahon …
Keays v. Honda: SCC ruling a catastrophe for employees
On Friday, the Supreme Court of Canada released its long awaited decision in Keays v. Honda. The full text of the decision can be read here. Below is my practical …
Sales rep launches lawsuit after ‘team-building’ exercise at Utah company leaves him traumatized
In Canada, the doctrine of constructive dismisal applies, which states, among other things, that it is a implied term of the employment contract that employee’s will be treated with civility, decency, respect and dignity. The breach of this term, on an objective basis, may permit the employee the resign and then sue for wrongful dismissal damages, having been able to consider the employer’s actions as tantamount to dismissal
Lawyer faces criminal charges after clients act on his advice
Similar to the employers’ obligation to provide advance notice of termination, employees must provide advance notice of their resignations, assuming there is no such contractual term that specifies another amount. The amount of notice is dependant on how long it would reasonably take the employer to find a suitable replacement. While wrongful resignation lawsuits in Canada are rare (proving a tangible economic loss is the reason), employees must still be careful.
Sexism alledged by former Bell execs
A lawsuit and Human Rights complaint alleging gender discrimination has been filed by two women previously employed by Bell Canada. Fran Boutilier and Alison Green were recruited and hired on …
Scotiabank becomes the newest class action defendant
Scotiabank has become the latest big Canadian bank to defend a class action lawsuit. A claim of $350 million against Scotiabank was announced in a press conference yesterday morning. It …
Case of mistaken retirement
How do you beat your ex-employer in court but ultimately collect little or no damages? Ask Leo Magnan. Magnan succeeded in proving that he was wrongfully dismissed but failed to …
Worker fired for not admitting blame
It is not open to an employee to simply refuse to obey a direction from a supervisor. The decisive question is, however, whether or not the request was reasonable.
Cumulative changes amount to constructive dismissal
Daniel A. Lublin, Toronto Metro News Wednesday, July 18 2006 “Not many men have both good fortune and good sense.” – Titus Livy John-Louis Drapeau was the consummate company man. …