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Termination & the Duty to Mitigate: Five Frequently Asked Questions

If an employee chooses to file a claim for wrongful dismissal or constructive dismissal against their former employer, a court will generally examine the efforts made by the former employee…

Pornography at work: Just Cause for Termination?

A recent Ontario Superior Court of Justice (“the court”) decision in Tagg Industries v. Rieder, serves as a sobering reminder of the high threshold employers must meet in order to terminate…

Are Longer Notice Periods for Terminated Employees Becoming More Common?

Employees in Canada who have their employment terminated are entitled to be provided with either notice of the termination of their employment or compensation in place of notice which will…

Wrongful Dismissal and the Duty to Mitigate

The duty of an employee to mitigate damages after a termination of employment can be a serious point of contention in a wrongful dismissal claim. How can an employer demonstrate…

Two Sides to Every Story

Having your employment terminated can understandably be a stressful experience. This is particularly the case where an employee does not fully understand their legal rights.  The Alberta Court of Queen’s…

Tribunal: Costco Employee Dismissed for Cause After Swearing at Customer

Tribunal Finds Former Costco Employee Who Swore at Customer Was Appropriately Dismissed for Cause After a legal battle that has lasted almost two years, the British Columbia Employment Standards Tribunal…

Supreme Court Upholds Employer’s Right in Drug Addiction Termination Case

The Supreme Court has ruled that an employer was within its rights to terminate an employee’s employment who had a cocaine addiction. The case involved Elk Valley Coal Corporation, a…

To Pay or Not to Pay: The Developing Law on Termination Provisions

As employers in Canada know, and unlike many states in the United States of America, Canadian employment is not “at will”. When an employer terminates the employee here, the employee…

Employers Beware – Theft Not Always Cause for Termination

In early 2017, a British Columbia Supreme Court judge awarded damages of $46,000.000 to a Burger King franchise employee with twenty-four years of service whose employment was terminated for cause…