Tag Archives | dismissal

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Recourse under the Canada Labour Code: An Option Worth Considering

In every case of dismissal, one of the first questions to ask should be whether the Code applies. The answer is more complicated that one might think.

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The Canada Labour Code vs. The Courts: The Devil is in the Details

By Richard Johnson. In Canada, most non-unionized employees have one primary means of recourse (absent a human rights claim) for challenging a dismissal: litigation through our civil court system. For non-unionized employees working in a federally governed industry such as air transportation or banking or for a First Nation, however, there are two primary options: […]

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0001 Fiona 1979 Print

Postmedia’s Layoffs: Words to the Wise

By Fiona Anderson. As a former journalist, I can’t help but be mesmerized by the bloodletting that is happening at newspapers and television and radio stations across Canada. The only exception is the publicly funded Canadian Broadcasting Corporation. Private companies need to make money to survive and, with advertisers now having their own advertising platforms […]

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A Dismissed Employee’s Right to Notice or Severance: A Review of The Basics

By Samantha Stepney. Many employees who seek our advice following termination are surprised to learn that so long as their employer has not violated any human rights laws, the employee can be fired for any reason. If the reason amounts to “just cause” – which includes things like theft and insubordination – the employee is […]

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Kent Employment Law Employer Forum

Employer Forum Recap: Recruitment and Hiring

This month marked the debut of Kent Employment Law’s Employer Forum series, an in-house resource for forward-thinking business owners and HR professionals. Hosted by our own Trevor Thomas, November’s Forum focused on recruitment and hiring with a lively discussion led by senior HR professional Heidi Eaves and business consultant Fraser Engel. With individuals from over […]

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Just Cause Dismissal a Rare Case: The Bottom Line

In this article in the mid-October 2016 issue of The Bottom Line, Richard Johnson offers employees a primer on termination, severance, and just cause.

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Steel in Context – Developments in “Just Cause”

By Andres Barker, Lawyer. Last year around this time, we blogged about the Court of Appeal’s conclusion in Steel v. Coast Capital Savings Credit Union that the employer had just cause to fire an employee who accessed a document in her manager’s personal folder. Both a majority of the Court of Appeal, and the trial […]

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Karmel v. Calgary Jewish Academy: When Cause Allegations Become Bad Faith Conduct

Lawyer Erin Brandt (nee Kizell), Contributor. At the risk of repeating ourselves (see previous posts on just cause dismissals here and here), this week’s blog post revisits the topic of just cause and the potential for financial disaster when an employer makes unfounded allegations against an employee. In a recent, high-profile employment law decision from […]

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Off-Duty Misconduct – What’s an Employer to Do?

Lawyer Erin Brandt (nee Kizell), Contributor. We thought we had missed our window to comment on the issue of employee off-duty misconduct, now that more than two months have passed since Hydro One employee Shawn Simoes was fired for his on-air harassment of a television news reporter. However, the topic is once again in the […]

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What’s Fair? Severance and Probationary Employees

With contributions from Richard Johnson, Lawyer. Consider this scenario: Your new employee isn’t working out quite the way you had hoped. You’ve made the tough decision that it’s better for everyone – you, him, the Company – if you end the employment relationship now. Since he’s only been with you for six weeks, you’re not […]

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