An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.
This year, a Nova Scotia Human Rights Board of Inquiry issued a highly publicized decision on racial profiling. In the case, the Board concluded that a woman had discriminated against on the basis of her race and/or colour when wrongfully accused of shoplifting at a grocery store.
In Passamaquoddy Lodge v CUPE Local 1763 2016 NBQB 056 the Court of Queen’s Bench upheld an original arbitration decision condemning an employer for suspending an employee pending the outcome of a psychiatric evaluation.
The Honourable Clyde K. Wells, Q.C., released his “Report to St. John’s City Council on Recommended Adjustments to The City’s Existing Ethical Conduct Legislation” (the “Report”) in September of last year.
A recent labour arbitration decision out of Ontario considers an employer’s obligation to protect its employees from harassment via an employer’s presence on social media.
Gray Aqua Group of Companies, Re is a case from New Brunswick that dealt with the remedy of substantive consolidation under the Bankruptcy and Insolvency Act (BIA). Historically, courts have shown reluctance in granting consolidation and it was seen as an extraordinary remedy.
Fennelly’s fishing vessel suffered physical damage in January, 2006. He sought payment under a marine insurance policy, issued by Lloyd’s Underwriters.
Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.
The New Brunswick Court of Appeal in Attorney General of Canada v Mullin and Workplace Health, Safety and Compensation Commission, 2016 NBCA 31, restored an original denial of compensation for a claim of gradual onset mental stress issued by WorkSafe NB.
Cause for dismissal may be found where an employee’s conduct constitutes a serious breach of the relationship of trust that exists between an employer and employee. In Patanguli v Canada (Minister of Citizenship and Immigration), 2015 FCA 291, the Federal Court of Appeal upheld a decision of the Public Service Labour Relations Board which found that […]