A typical wrongful dismissal case (where cause is not an issue) generally involves two legal issues. First, how much reasonable notice of termination (or pay in lieu) should the employee have received based on the employee’s age, length of service, position, compensation and the availability of comparable employment. Second, did the employee mitigate his/her damages by finding alternative employment or failing to make reasonable efforts to do so during the notice period? Notably, a judge can decrease the notice period based on the employee’s unreasonable mitigation efforts.
Often times by the time the trial rolls around, the notice period has … Continue Reading
In the past few days, the issue of an employee’s off-duty conduct and its impact on the employee’s fit for continued employment has been a hot button topic in the news and on social media.
Many have questioned whether employers can or should consider conduct by an employee that occurs in the course of the employee’s personal (i.e. non-working) time. While there is no one-size-fits-all answer to that question, as it depends entirely on the circumstances of the particular case, there is an increasing movement by employers to consider such conduct and to take steps, including disciplinary steps, to address … Continue Reading
On the heels of its labour friendly decision in Mounted Police Association of Ontario v. Canada (“MPAO”) which granted RCMP officers the right to unionize (and which our colleagues in Vancouver wrote about here), the Supreme Court of Canada (“SCC”) released its highly anticipated decision in Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4 (“SFL”). In SFL, the SCC was tasked with determining whether the prohibition on the right to strike for public sector employees the Government deemed “essential service employees” was a violation of section 2(d) of Charter of Rights and … Continue Reading