There are times when one employee can act so improperly as to cause the harassment and/or departure of another employee. These situations are often referred to as an employee going “rogue”. …
Refresher on Constructive Dismissal Constructive dismissal occurs when conduct or requirements made of an employee are so at odds with the employee’s job that such conduct/requirements amount to a fundamental…
In Canada, many people believe that physical signatures have greater legitimacy than digital ones. Accordingly, employers continue to be hesitant to the idea of electronically signed employment agreements particularly in…
In a recent Ontario case, Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurses’ Association, an arbitrator ordered a long-term care home to reinstate a registered nurse who was fired…
Last week, the Supreme Court of Canada upheld a lower court’s ruling that despite the existence of a franchise agreement stipulating that the franchisee was an independent contractor, the franchisee…
What is wrongful dismissal? The term wrongful dismissal is spoken about widely, but very few people properly articulate the issue. Employers have the right to dismiss employees for any reason…
Employees often wonder whether their employer had the right to terminate their employment for no specific reason. Unless an employment contract or a valid company policy which forms part of…
A common misconception is that salaried employees are not entitled to overtime. No such exception exists. Whether an individual is paid an hourly wage or an annual salary in no…
An employee is entitled to receive reasonable notice of the termination of their employment under common law unless that right has been limited by an enforceable contractual provision. While in…
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