Tag archives: termination

A new criterion for unreasonableness: The obligation for adjudicators to demonstrate their consideration of progressive discipline

In a recent decision of the Federal Court of Canada, the Court had occasion to apply the Supreme Court of Canada’s decision in Wilson v Atomic Energy of Canada ltd (Wilson) for one of the first times. In his decision, Justice Diner found that it was unreasonable for an adjudicator not to consider both the … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in Germany?

This post was also contributed by Tony Rau, Trainee, Norton Rose Fulbright LLP (Munich). German law provides for extensive protection of pregnant employees and employees on leave in connection with pregnancy. Regarding the latter, German law distinguishes between maternity leave (i.e. 6 weeks before until 8 weeks after childbirth – or 6 weeks before until … Continue reading

Unauthorized Access of Records – Nurse’s Job Saved by Late Apology

The BC Labour Relations Board recently upheld the reinstatement of a nurse who, on multiple occasions over an extended period, accessed private health authority records for personal reasons and without authority.  The Board upheld the arbitration award that ordered her reinstatement based in part on the nurse’s 11th hour apology.  The decision illustrates the challenge … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in France?

As is the case in many other countries (particularly countries in the European Union, which are covered by EU Directive 92/85/CEE dated 19 October 1992), France has implemented a full set of rules with the goal of protecting pregnant employees or employees on maternity leave against illegitimate termination of their employment contract. These protections also … Continue reading

Human resources managers can be indirectly liable for harassment

Health and safety of employees is highly protected in France. Employers are  responsible for the prevention of any damage to their employees’ health and safety resulting from their work. Amongst other things, French law requires employers to ensure that their employees are protected from any harassment at work. But another provision of the French Employment … Continue reading

Signed on the Dotted Line in Time? The Court of Appeal addresses the timing of an employee’s execution of her employment contract.

Employers have long been advised to ensure that a new employee agrees to and executes his or her written employment contract before starting work. Otherwise, there is a risk that the employment contract will be held to be unenforceable on the basis that there was no “consideration” provided to the employee in exchange for entering … Continue reading

What is the latest on employees’ rights in the event of redundancy in France?

Dismissing an employee due to economic difficulties is extremely delicate in France. A law dated 8th August 2016 has specified the definition of the economic grounds for dismissals, providing that economic difficulties are, in particular, characterized by a significant evolution of an indicator such as a significant drop of turnover, a significant drop in purchase … Continue reading

When an employer hides another employer

Dual employment is a sensitive subject in French employment law as it enables employees to raise claims against a different employer from that with which the employment contract was signed. The matrix-type organisation of groups of companies, which has become the rule, can have adverse consequences if employees have the feeling that they are employed … Continue reading

Employer’s egregious conduct in the course of a dismissal attracts both moral damages and human rights damages

The Court of Appeal for Ontario has recently issued a decision that should serve as a stark reminder to employers to treat employees respectfully and in good faith throughout the termination process. Where an employer’s behaviour dips below a threshold level of decency during the course of a termination, the employer may find itself exposed … Continue reading

Dishonesty in Hiring Process Constitutes Cause for Dismissal

A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. The defendant employer, Canada’s leading nuclear energy agency, is required to comply with government rules respecting site access security clearance.  As such, candidates for employment are required … Continue reading

Alberta employers kick-start 2017 with a big win in the Styles appeal

Following the SCC’s decision in Bhasin, there was uncertainty regarding the application of the common law duty to perform contractual obligations in good faith to the employment law context. The Court of Appeal of Alberta’s decision in Styles provides clarity on the application of Bhasin in the context of both termination and entitlement to bonuses … Continue reading

Recent changes to the law on the dismissal of severely disabled employees

In Germany, as of 1 January 2017, various amendments to the law on severely disabled persons came into force. Of particular importance is a new regulation relating to the dismissal of severely disabled employees. Until the recent changes came into force, before the dismissal of a severely disabled employee the representative body for severely disabled … Continue reading

Employers entitled to Reasonable Notice

The B.C. Court of Appeal recently gave employers a much-needed reminder: they’re entitled to reasonable notice too. While most employees are familiar with the fact that they are entitled to reasonable notice if they’re terminated without cause, employers sometimes forget that the obligation works both ways. An employee cannot simply stop showing up to work … Continue reading

The Duty to Mitigate and its Impact on Damages

Employer clients often ask during a wrongful or constructive dismissal lawsuit what damages may be awarded.  One relevant consideration  is the common law duty to mitigate.  A wrongfully dismissed employee has a duty to mitigate his or her damages by attempting to find alternate employment.  The question of whether an employee has met his or … Continue reading

Quebec Labour Tribunal rules on decision to terminate a high paid employee

The Tribunal administratif du travail recently released Major c. Nova DM Média Canada inc., 2016 QCTAT 4423, which clarified an employer’s burden of proof to demonstrate that an employee was laid off as part of an administrative reorganization rather than dismissed not for good and sufficient cause. In this decision, administrative judge François Caron relied … Continue reading

Terminating an Employee for Voicing His Political Opinion : What Are The Potential Consequences?

Terminating an employee for expressing his political opinions at work can be costly for an employer. This is what  an employer learned after being ordered to pay 91 073,46 $ to an employee following his termination for sharing his political opinions in the workplace. In this decision (2015 QCCRT 0399), the « Commission des Relations du … Continue reading

Termination payments – proposed changes to tax and national insurance.

The UK Government has published its response to a consultation on the taxation of termination payments. In 2015, the Government issued a consultation paper containing various different proposals for simplifying the regime. The paper published on 10 August is the Government response and also includes draft legislation for further consultation. Currently under UK legislation payments … Continue reading

An employer’s financial circumstances do not affect the reasonable notice period

Should an employer’s financial circumstances be relevant when considering the period of reasonable notice to which a wrongfully dismissed employee is entitled? This question was raised on appeal in Michela v St. Thomas of Villanova Catholic School, 2015 ONCA 801. As calculating the appropriate notice period is fact-specific, the argument that an employer’s financial circumstances … Continue reading

Wilson v. AECL – Generosity is Not Enough: Federally Regulated Employers Must Have Cause to Dismiss Non-Unionized Employees

At common law, a non-unionized employee can be dismissed without reasons if he or she is given reasonable notice or pay in lieu.  Today, a majority of the Supreme Court of Canada ruled that this common law rule does not apply to federally regulated employers.  The Court ruled that federally regulated employers must always provide … Continue reading

Damages to the Reputation: A Serious Motive for Termination?

What constitutes a serious motive to terminate an employee under a fixed-term employment contract? Recent events in Quebec raise this question as the province’s former deputy premier Nathalie Normandeau was dismissed by her employer, a Quebec City radio station, even though her contract expired in August 2019. This occurred after the deposition of seven criminal … Continue reading

What’s in a grade?  

  The beginning of summer break for students across Ontario also means the release of their final grades. While student evaluation is only one part of a teacher’s job, it is crucial for the integrity of the school system and for students’ post-secondary education opportunities. In the recent decision Fernandes v Peel Educational & Tutorial … Continue reading

What are the latest developments on whistleblowing in the workplace?

French employment law does not yet provide for a comprehensive and consistent set of rules for the purpose of protecting whistleblowers. Instead, French employment law tackles issues arising out of whistleblowing situations through a relatively meager set of legislative provisions. Current legislation Under currently applicable legislation, no employee can be disciplined, dismissed or discriminated against … Continue reading
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