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CAW and CEP Looking to Merge
The Canadian Auto Workers and the Communications, Energy and Paperworkers Union are considering merging. According to the CAW-CEP Discussion Paper: After two decades of fighting mostly defensive battles against the pressures of globalization, employer aggression, hostile government policy, and public cynicism, the trade union movement in Canada faces an enormous and historic moment of truth. The CEP-CAW New [...]
Working Notice, Constructive Dismissal and Employee Obligations
Employers will, on occasion, give an employee advance working notice of termination. The issue sometimes arises about whether the employee is required to actually work through that period of working notice or can refuse to do so, and the implications associated with the employee refusing. The British Columbia Court of Appeal has recently considered this [...]
Layoffs Longer than 35 Weeks and Constructive Dismissal
The Ontario Court of Appeal recently released a decision that touches on the interaction between theEmployment Standards Act, 2000 and constructive dismissal in the context of an indefinite layoff. The case is Elsegood v. Cambridge Spring Service. Section 56(1) of the ESA provides as follows: 56(1) An employer terminates the employment of an employee for purposes of [...]