Both the Québec Charter of Human Rights and Freedoms (Québec Charter) as well as the Canadian Charter of Rights and Freedoms (Canadian Charter) provide for the right not to be discriminated against on the ground of age. In the context of employment, the Québec Charter prohibits discrimination based on age with respect to the hiring
The recent Federal Court of Appeal decision in Wilson v Atomic Energy of Canada Limited addressed the long-standing question of whether federally regulated employers under the Canada Labour Code can terminate employees without just cause. Judge Stratas at the Federal Court of Appeal found that federally regulated employers may dismiss employees without cause upon reasonable
In Telus Communications Inc. v Telecommunications Workers Union, an Alberta Court of Queen’s Bench chambers judge quashed the decision of an arbitrator, upholding termination of a grievor terminated for dishonesty surrounding an absence from work. The decision was later upheld by the Alberta Court of Appeal.
The grievor had been denied a request for
In the recent decision of Phanlouvong v Northfield Metal Products (1994) Ltd, 2014 ONSC 6585, the Ontario Superior Court considered an incident of workplace violence to not provide just cause for dismissal.
The employee in question was terminated for cause and without notice after a workplace incident in which the employee punched another employee
In a recent arbitration decision involving a utility company, an Ontario arbitrator reiterated the importance of trust in the employment relationship and upheld the dismissal of a seven-and-a-half-year employee with no disciplinary history for covering up a safety violation.
Facts
On October 9, 2012 the grievor, a supervisor, was working with his team to remove
A recent decision in British Columbia has found post-termination evidence of just cause for dishonesty discovered in an investigation of an employee that occurred following his termination.
The plaintiff in this case was responsible for managing the company’s day-to-day finances and its administrative staff. The Plaintiff had 40 years of experience as an accountant and