Leading commentary and perspectives on employment and labor law
In an interesting executive employment decision, the Ontario Superior Court of Justice recently upheld a contractual provision that resulted in forfeiture of restricted share units after resignation in Levinsky v The Toronto-Dominion Bank.
The Plaintiff, a Vice President and Managing Director at TD Bank, participated in the Bank’s Long Term Compensation Plan. The Plan…
When does notice of termination actually occur when there is a sale of business? That was the question considered recently by the British Columbia Court of Appeal in the recent case of Kerfoot v Weyerhaeuser Company Limited, 2013 BCCA 330 (CanLII). The answer could have significant implications for potential liability associated with a sale…
The Ontario Employment Standards Amendments Act (Leaves to Help Families) came into force on October 29, 2014, creating three new unpaid family-related leaves for employees: (1) Family Caregiver Leave; (2) Critically Ill Child Care Leave; and (3) Crime-Related Child Death or Disappearance Leave. This post will highlight the salient features of these new provisions affecting…
As we enter the holiday season, so too do we enter the holiday party season. But as the holiday cheer begins to flow, employers face a number of concerns that can be addressed with some extra planning. This Norton Rose Fulbright newsletter will give employer’s some pointers on addressing the risks of holiday parties and…
In the recent decision UFCW, Local 1400 v Prairie Pride Natural Foods Ltd, 2013 CanLII 82240 (SK LA), a Saskatchewan arbitration board upheld the dismissal of a long-term employee for workplace violence and harassment threats.
The grievor worked as a Hanger in the employer’s poultry processing plant. He had been employed for five…
In, Ontario (Labour) v. Flex-N-Gate Canada Company, 2014 ONCA 53, an employer was fined $50,000 after an employee badly injured her foot and the employer was found to have breached two provisions of the Ontario Occupational Health and Safety Act (OHSA), R.S.O 1990, c, O.1.
This decision was an appeal, in part, from…
In the recent decision of TWU v Telus Communcitations Inc, 2014 ABCA 154, the Alberta Court of Appeal addressed the issues of when accommodation is required and whether there is a procedural duty to accommodate, in Alberta human rights legislation.
The employee was unionized and worked in a call centre. During the probationary…
The recent decision of Miller v. A.B.M. Canada Inc., 2014 ONSC 4062 involved a claim for wrongful dismissal damages in which the Plaintiff successfully argued that a contractual termination provision was unenforceable.
On the facts, the employee signed an employment contract at the time of hire stating that, “Regular employees may be terminated at…
In 2012, we reported on an Ontario jury award of approximately $1.5 million damages to a 42-year-old former assistant manager who resigned her employment at Wal-Mart after being verbally abused and harassed by her 32-year-old store manager. At trial, the employee was found entitled to $200,000 for intentional infliction of mental suffering, $1 million in…
In May, the Federal Court of Appeal issued decisions in Canadian National Railway Company v Seeley, 2014 FCA 111 and Canada (Attorney General) v Johnstone, 2014 FCA 110, upholding findings of discrimination on the basis of family status made initially by the Canadian Human Rights Tribunal and upheld by the Trial Division of…
