Deferred compensation: You can take it with you (sometimes)
Deferred compensation in the form of future bonuses, retention payments, and stock options has become a standard element of executive compensation. While there are countless variations of such plans,...
View ArticleBalancing just cause for dismissal and accommodation
Image: www.ctvnews.ca Recently, a Mr. Lube employee tweeted a request for some marijuana to help him get through his shift. This may have gone unnoticed by the media, but it came to the attention of...
View ArticleSupreme Court of Canada confirms pension benefits should not be deducted from...
In the recent decision of IBM Canada Limited v. Waterman 2013 SCC 70 (CanLII), the Supreme Court of Canada confirmed that an employee’s pension benefits should not be deducted from his/her common law...
View ArticleSupreme Court of Canada overturns test regarding summary judgments – Takeaway...
On January 23, 2014 the Supreme Court of Canada released its decision in Hryniak v. Mauldin, overturning the Ontario Court of Appeal’s test for the appropriateness of summary judgments (Rule 20 of the...
View ArticleHR in the news: From unpaid internships to alcohol testing policies
It seems a lot of heated HR issues have begun to resurface in the news recently. From the accommodation of medical marijuana to the legality of unpaid internships, these are some issues that have been...
View ArticleBetter the devil you know? employee’s obligation to accept an alternate position
Ever since the Supreme Court of Canada decision in 2008 in a case Evans v. Teamsters Local Union, the courts have recognized the obligation of an employee, in certain circumstances, to accept an offer...
View ArticleThe latest: When does a constructively dismissed employee have to stay with...
In 2008, the Supreme Court of Canada issued Evans v Teamsters Local Union No. 31, [2008] 1 S.C.R. 661, one of the leading decisions on constructive dismissal in Canada. In that case, the Court held...
View ArticleBoucher v. Wal-Mart Canada: Ontario Court of Appeal rocks the wrongful...
Image: blogs.windsorstar.comOn May 22, 2014 the Ontario Court of Appeal (OCA) released the Boucher v. Wal-Mart Canada decision. It could rock the wrongful dismissal world. This decision appears to be...
View ArticleWrongful dismissal law: Summary judgment motions – the way of the future
Image: iosphere | http://www.freedigitalphotos.netSince the Supreme Court of Canada’s decision earlier this year in Hryniak v. Mauldin 2014 SCC 7 (CanLII) more and more employees are bringing summary...
View ArticleThe Wal-Mart saga: one more chapter
On June 27th, the Supreme Court of Canada released a decision in the Wal-Mart saga that will have a major impact on employment law in Québec. Context In August of 2004, the United Food and Commercial...
View ArticleNo procedural duty to accommodate
The Federal Court of Appeal recently ruled in Canada Human Rights Commission v Attorney General of Canada and Bronwyn Cruden (“Canada (Attorney General”), that employers do not have a separate...
View ArticleSupreme Court of Canada gives quick win to BCTF on parental benefits
The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation (“BCTF”) a quick win in their appeal of a decision by the B.C. Court of Appeal...
View ArticleSCC orders parliament to reconsider RCMP labour relations
Until last Friday, the Royal Canadian Mounted Police was Canada’s only police force that was legislatively prohibited from unionizing. On January 16, 2015, the Supreme Court of Canada ruled in Mounted...
View ArticleSlaw: Supreme Court confirms right to strike constitutionally protected
For some, this decision took a long time to arrive. The Supreme Court of Canada in Saskatchewan Federation of Labour v Saskatchewan confirmed once and for all that the right to strike is protected...
View ArticleSCC constitutionalizes the right to strike for unionized employees
On the heels of its labour friendly decision in Mounted Police Association of Ontario v. Canada (“MPAO”) which granted RCMP officers the right to unionize (and which our colleagues in Vancouver wrote...
View ArticleDamage awards for sexual harassment/sexual assault on the rise
Last month, I wrote about a vulnerable, low paid employee who obtained $150,000 from her former employer by filing a complaint under the Ontario Human Rights Code. This month, I am writing about a...
View ArticleSaskatchewan government’s do-over: another version of essential services...
As you may recall, Saskatchewan’s essential services law were found to be unconstitutional in January 2015 because it prevented public sector workers from striking. More specifically, Abella wrote for...
View ArticlePre-employment drug and alcohol testing
Image: blog.bennettjones.comThe law of drug and alcohol testing in Canada is in a state of evolution. While the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of...
View ArticleSupreme Court decision may protect defendants charged with OHSA offences from...
Corporate employers who are faced with charges under the Occupational Health and Safety Act (“OHSA”) or other legislation occupy a curious position when it comes to protections afforded by the Canadian...
View ArticleThe damages formerly known as Wallace – Are they still relevant?
It has been a while since I have written about “The Damages Formerly Known as Wallace”, more commonly known as either bad faith damages or Honda damages. In fact, it has been about eight years since...
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