Leading commentary and perspectives on employment and labor law
The decision of the Supreme Court of Canada in IBM Canada Limited v Richard Waterman, [2013] 3 S.C.R. 985, considered whether employees’ pension benefits should be deducted from damages for wrongful dismissal. The majority concluded, on the facts of this case, that no such deduction should occur.
The company dismissed a 65-year-old employee…
A very recent Supreme Court of Canada (SCC) decision, Canadian Artists’ Representation v National Gallery of Canada, considered the parameters of the duty to bargain in good faith. The Court found that a labour tribunal’s conclusions regarding bargaining in bad faith were reasonable, where a company took a “rigid stance” it knew would not…
