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Yearly Archives: Employment Law
August 25, 2015

When Must an Employee Mitigate With the Same Employer?

The British Columbia considered this question in Fredrickson v. Newtech Dental Laboratory Inc., 2015 BCCA 357 (CanLII).  The trial judge found that the plaintiff failed to mitigate her damages because she did not accept an offer of re-employment from her employer.  She appealed and the Court of Appeal allowed her appeal and in so doing clarified [...]

February 17, 2015

The Ontario Government Announces Public Consultations on Labour Laws

The Ontario Government today announced that it would follow through on its “commitment made in the 2014 Throne Speech” and launch public consultations on the changing nature of the modern workplace to commence.  According to the News Release: The public consultations will focus how the Labour Relations Act, 1995 and Employment Standards Act, 2000 could be [...]

February 17, 2015

Exceptional Circumstances Needed to Exceed 24 Months Reasonable Notice

The Ontario Court of Appeal in Kotecha v. Affinia Canada ULC, 2014 ONCA 411 (CanLII) considered an appeal of a reasonable notice award of 24.5 months given to a 70 year old machine operator earning an annual salary of $37,918.40 having 20 years service with an auto parts manufacturer. Background Mr. Kotecha brought a motion for [...]

February 17, 2015

Assessing Credibility is not a Science

Arriving at the truth is the aim of any adjudication.  But that’s easier said than done.  Decision makers (judges, arbitrators, statutory bodies such as the human rights tribunal or labour relations board) have to assess the credibility of witnesses when weighing accounts of disputed facts   Employers also must assess credibility in cases where a conflict about [...]

February 5, 2015

When is a Resignation a Resignation with Teeth?

The Nova Scotia Court of Appeal considered this in Kerr v. Valley Volkswagen, 2015 NSCA 7.  It upheld the trial judgement where the court held that the employee had resigned his employment.  Essentially, he gave the employer an ultimatum, – give him a raise or he quits.  After letting the matter sit for a few weeks, [...]

August 29, 2014

Entitlement to Bonus Payments on Termination

Employers will sometimes include language such as the employee will only receive a bonus if he or she is employed on the date the bonus is paid out. Courts have shown some reluctance to enforce such arrangements. The issue was recently considered in Jivraj v Strategic Maintenance Ltd, 2014 ABQB 463. The issues were: What is [...]

July 18, 2014

When is a Resignation a Voluntary Resignation?

Answering this question is, sometimes, not easy.  The issue was most recently discussed by the Court of Queen’s Bench of Alberta in Geddes v Silvestri Holdings Inc, 2014 ABQB 416 (CanLII), a case in which the court was required to consider whether an employee resigned or was constructively dismissed. The employee and her business partner had [...]

June 17, 2014

Exceptional Circumstances Required to Exceed 24 Months Reasonable Notice

The Ontario Court of Appeal in Kotecha v. Affinia Canada ULC, 2014 ONCA 411 (CanLII) recently considered an appeal of a reasonable notice award of 24.5 months given to a 70 year machine operator earning an annual salary of $37,918.40 having 20 years service with an auto parts manufacturer. Background Mr. Kotecha brought a motion for [...]

June 16, 2014

Summary Judgment, Retirement and Statutory Severance Pay

The recent case of Kimball v Windsor Raceway Inc, 2014 ONSC 3286 (CanLII) considered a plaintiffs’ motion for summary judgment in a wrongful dismissal case. Mr. Kimball was a long-service (43 years) employee who was 71 years old.  He claimed that he had been terminated without just cause and was entitled to 24 months salary in [...]

June 11, 2014

Non-Competition Clauses and their Affect on Damages

The court in the recent case of Ostrow v. Abacus Management Corp. Mergers and Acquisitions [2014] B.C.J. No. 1046 considered the impact that a non-competition provision in an employment contract (or hiring document) can have on the damages awarded to an employee terminated without just cause.  While the case is interesting for many reasons, that is the [...]