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“I Quit”: When Does an Employee Have to Give Notice of Resignation?

By Andres Barker, Lawyer. Many employees who leave a job voluntarily refer to handing in their “two weeks’ notice” that they are quitting. But is this practice actually required by law? It’s a question we often hear from resigning employees. Unlike the notice of termination requirements imposed on employers by employment standards legislation, there is […]

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Employees, Social Media and Just Cause: Lessons for Employers

It’s never wise to badmouth your boss. Doing so on social media can be downright dumb. But does it amount to just cause for dismissal? In some cases, absolutely. A number of labour decisions over the past several years have considered how an employee’s off-duty social media activity can damage an employer’s business or reputation […]

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Fixed-Term Employment Contracts: What Are the Risks for Employers?

With contributions by Erin Brandt (nee Kizell), Lawyer. Some employment contracts specify an employment end date, and others don’t. Why should employers choose one or the other? At the end of the day, is there really any difference? Often, an employer and employee will enter into their new working relationship hopefully, with the expectation that […]

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Note to Employers: The Duty of Good Faith Extends to More than Employment Contracts

Employment lawyers (and hopefully, their employer clients) are well familiar with the good faith concept in the employment context. In 2008, the Supreme Court of Canada confirmed that there is an implied term of good faith in all employment contracts governing the manner of termination. Specifically, when dismissing an employee, an employer should not engage […]

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What Happens When an Employer is Dissolved by Statute? Case Commentary: Maxwell v. British Columbia

Contributor, Trevor Thomas, lawyer. What happens to my severance package if my employer is dissolved by statute? As abstract and unlikely as this question might at first glance appear, it was in fact recently considered by the British Columbia Court of Appeal in the case of Maxwell v. British Columbia. Beverley Maxwell was employed by […]

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Was it Worth It? Jan Wong’s Costly Breach of Confidentiality

When settling a wrongful dismissal claim out of court, employees are typically asked by their employer to sign a release or agreement that outlines the settlement terms. Such documents often impose an obligation of confidentiality on the employee, whereby she agrees not to disclose to anyone the details of the parties’ settlement. The incentive for […]

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Ghomeshi v. CBC: Is there any merit to his lawsuit?

With contributions by Andres Barker and Erin Brandt (nee Kizell). Thanks to widespread media coverage, it is the rare Canadian who hasn’t heard about the CBC’s recent decision to fire popular radio host and personality Jian Ghomeshi following unconfirmed allegations that he engaged in “unwanted sexual violence” with multiple women. It is that same rare […]

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Employee Monitoring: How Much is Too Much? 5 Tips for Employers

With contributions by Erin Brandt (nee Kizell), Lawyer. As in most areas of our lives, technology – and particularly use of the Internet – has become a necessity on the job. But along with its workplace benefits, the Internet also brings with it a number of burdens for employers. Constant, unlimited and immediate access to […]

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6 Key Changes to the Temporary Foreign Worker Program: What Canadian Employers Need to Know

In 2014, it has been next to impossible to read or watch a Canadian news report that didn’t include one story or another about an employer exploiting the federal Temporary Foreign Worker Program (TFWP). While the TFWP was created as a last (and limited) resort to allow employers to bring foreign workers to Canada on […]

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How Long Can I Wait to Claim I Was Constructively Dismissed? Our Top 4 Tips for Employees

In a previous blog post, we introduced the employment law concept of condonation, and offered employers a few tips on how to avoid condoning employee misconduct (and thereby lose the opportunity to fire for cause). This week, we continue our focus on condonation, but shift our perspective to the employee and the area of constructive […]

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NOT LEGAL ADVICE. Information made available on the Kent Employment Law website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. One of our lawyers would be pleased to discuss any specific legal concerns you may have.