Articles

Is a Resignation Really a Resignation?

In Carroll v. Purcee Industrial Controls Ltd, 2017 ABQB 211, the Court of Queen’s Bench of Alberta (the “Court”) recently decided whether requesting a severance package amounted to a resignation. Background Mr. Carroll worked in sales and development for Purcee Industrial Controls Ltd (the “Company”) for almost five (5) years in Calgary and overseas. There...

Read more

Ontario Court Recognizes New Tort of Harassment – and Employee is Awarded $141,000 in Damages

In one of the first of its kind, a recent Ontario Superior Court of Justice decision found an employer liable for the tort of harassment and awarded significant monetary damages. In Merrifield v Canada (Attorney General), the Royal Canadian Mounted Police (“RCMP”) was ordered to pay general damages of $100,000 and special damages of $41,000 to a...

Read more

Employers don’t Wynne under proposed legislative changes in Ontario and Alberta!

Employers in Ontario and Alberta may be in for some big workplace changes in 2018 – at significant costs to employers. Ontario: On May 30, 2017, Premier Kathleen Wynne announced the Liberal government’s intention to introduce The Fair Workplaces, Better Jobs Act, 2017, which provides for broad ranging amendments to the Ontario Employment Standards Act,...

Read more

Providing A Reference: If You Can’t Say Anything Nice…

Many employers have a “no reference” policy, refusing to confirm anything but the bare minimum regarding a former employee’s employment – dates of employment and title. This practice stems largely from the idea that if you can’t say anything nice, it’s best to say nothing, or at least very little, for fear of being accused...

Read more

Ex-Employee Successfully Sued for Comments Online

We’ve seen numerous cases over the years where an employee’s comments and bad behaviour online have led to discipline or even discharge. A recent decision from Quebec shows that there can still be consequences for speaking ill of an employer post-employment. In Servant v. Ritchie, the employer successfully sued a former employee for his Facebook...

Read more

When a resignation is too good to be true…

Sometimes a resignation is too good to be true. In order for a resignation to be valid, it must be clear and unequivocal, and the words or actions need to be viewed in context. If the circumstances surrounding the resignation are suspect, a court may find that an employee has not resigned and is entitled...

Read more

1 9 10 11
Top