Articles 2022

A recent Alberta Court of Appeal decision ruled that a clause indicating that upon termination the employee would only receive notice “in accordance with the provincial legislation for the province of employment" was not sufficient to oust the employee's entitlement to common law reasonable notice.

A recent Ontario Court of Appeal decision confirmed that that test set out in Paquette continues to govern the determination of whether an employee is entitled to a bonus over the notice period. Further, the assessment of an employee’s damages on account of lost benefits is not based on the employee’s replacement costs of those benefits over the notice period, but rather on the pecuniary value of lost benefits flowing from termination.

In Manak v Workers' Compensation Board of British Columbia, 2018 BCSC 182, the British Columbia Supreme Court held that where a managerial employee breaches his or her confidentiality obligations, the employer may have just cause for dismissal. This decision not only shows that breach of confidentiality obligations can constitute just cause for dismissal, but also emphasizes the importance of a properly executed release.

Employees are protected from all workplace harassment according to the Supreme Court of Canada in a recent case in British Columbia.

Employers sometimes rely on severability clauses to hedge against the risk that clauses in employment contracts could be found to run afoul of the Employment Standards Act and be unenforceable as a whole. However, in a recent decision, the Ontario Court of Appeal signalled that these clauses have limited effect when parties include terms in agreements that contract out of minimum employment standards.

The most significant changes to the ESA in more than fifteen years were recently implemented pursuant to Bill 148. This article has provided an overview of the construction-specific standards and exemptions introduced by Bill 148 and the newly amended Regulations to the ESA.

This article discusses the decision of the Ontario Superior Court of Justice in Fisher v. Hirtz, which ruled on the issue of ‘employee versus independent contractors’ and highlighted the common law principles for differentiating employees from independent contractors and dependent contractors.

Recent amendments to the Workplace Safety and Insurance Act, 1997 will expand the scope of benefit entitlement for mental stress to include chronic mental stress. The Workplace Safety and Insurance Board has just issued the final version of its operational policy in support of this new entitlement. This expanded entitlement will have significant consequences for employers.

Employees who have been terminated without reasonable notice have a duty to mitigate their damages by searching for and, where possible, accepting alternate employment during the notice period. However, in a recent decision the Ontario Court of Appeal indicated that not all income earned during the notice period will be deducted from a damages award.