Little more then four months after the Supreme Court of Canada heard the appeal of Honda Canada Inc. v. Keays, the court’s decision was released. The court had the opportunity to alter the practice of both employment law and the common law in general. Read the rest of this entry »

An employee’s mere dislike of a change to their employment contract and an employer’s attempt to remedy the negative results of such a change may bar a Court from finding that an employee was constructively dismissed. Read the rest of this entry »

Two or more breaches of an employment contract may become fundamental when considered together, thereby resulting in constructive dismissal. Read the rest of this entry »

Employers must continue to provide an employee on disability with insurance benefits unless the employee has clearly and unequivocally resigned from their employment, the employee’s employment contract has been frustrated, or the employer provided the employee with reasonable notice that the insurance benefits would not be continued. Read the rest of this entry »

Sexual harassment occurs on a spectrum of misconduct, and the termination of an employee who commits an act which falls on the lower end of the spectrum is not warranted. Instead, more appropriate forms of discipline short of termination should be applied. Read the rest of this entry »

Communication that occurs before a retainer is received and in front of others who are not part of the relationship which puts the client’s state of mind at issue, containing documentation of unlawful conduct and including relevant facts to the case may not be protected by solicitor/client privilege. Read the rest of this entry »

Employers need to be reasonable when ascertaining whether or not an employee will be returning to work from medical leave and in determining whether the employment contract has become frustrated due to the employee’s absence. Read the rest of this entry »

Committing a mistake when dismissing an employee, such as terminating the employee while they are on sick leave, does not meet the requirement of bad faith damages. Read the rest of this entry »

In determining whether cause exists when terminating an employee, the contextual approach requires an examination of the employee’s character of employment. Read the rest of this entry »

A termination offer that is low yet acceptable will be upheld by the Courts if it is agreed to by the employee without duress or unconscionability. Read the rest of this entry »