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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,...

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Balancing 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...

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Supreme 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...

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Supreme 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...

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HR 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...

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Better 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...

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The 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...

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Boucher 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...

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Wrongful 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...

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The 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...

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No 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...

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Supreme 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...

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SCC 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...

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Slaw: 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...

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SCC 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...

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Damage 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...

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Saskatchewan 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...

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Pre-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...

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Supreme 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...

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The 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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