Related Articles - Сox & Palmer

March 25, 2014

Employment & Labour

First Wrongful Dismissal Decision from Newfoundland and Labrador in Over...

The first wrongful dismissal claim to go to trial in Newfoundland and Labrador in more than four years was dismissed by the Newfoundland and Labrador Supreme Court (Trial Division). According to Justice Burrage, the Plaintiff a 29-year employee of Sameday Worldwide, was not only not wrongfully dismissed, but she was not actually dismissed since she continuously received disability and health benefits and also accumulated pensionable service from her employer.

March 18, 2014

Employment & Labour

Legislative Update: Human Rights Act, RSPEI 1988, c H-12

Prince Edward Island recently became the third Atlantic Canadian province to expressly include “gender expression” and “gender identity” as protected grounds under the Human Rights Act, RSPEI 1988, c H-12 (the “Act”). The Act was amended by Bill 11, An Act to Amend the Human Rights Act, to include the new protected grounds. Royal assent was granted on December 6, 2013.

March 11, 2014

Jessica Bungay

Employment & Labour

When Can A Disabled Employee Be Terminated?

Employers often struggle with balancing their obligation to accommodate disabled employees and determining when the employment relationship has become “frustrated” in that a disabled employee is no longer capable of performing his or her job. A recent decision of the Ontario Human Rights Tribunal offers some clarity on this issue.

March 4, 2014

Employment & Labour

Newfoundland and Labrador Labour Standards Act Amendments Extend Employment Protection...

Amendments to Newfoundland and Labrador’s Labour Standards Act, R.S.N.L. 1990 c L-2, were given royal assent on December 10, 2013. These amendments provide employment protection in the form of unpaid leave to parents of critically ill minor children or minor children who have gone missing or have died as a result of a crime.

February 25, 2014

Employment & Labour

Desperate Times Do Not Justify Desperate Measures

In Trites v. Renin Corp, 2013 ONSC 2715, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.

February 24, 2014

Dale T. Briggs Jeffrey H. Leard

Construction

Regional Construction Newsletter Winter 2014 – Construction Safety: A Changing...

Throughout the ages the risk of injury has been a constant reality incidental to construction projects. The dangers inherent at any work site are numerous and despite the best safety regimes, accidents are inevitable.

February 19, 2014

Employment & Labour

Employee’s Participation in Sexual Workplace Banter Results in Dismissal of...

The BC Human Rights Tribunal recently dismissed a sexual harassment complaint on the basis that the complainant historically participated in sexual banter occurring in the workplace.

February 11, 2014

Jessica Bungay

Employment & Labour

Upcoming Amendments to the Workers’ Compensation Act and the Occupational...

There are a number of recent and significant amendments to the New Brunswick Workers Compensation Act and the Occupational Health and Safety Act which will come into effect on June 1, 2014.

February 4, 2014

Employment & Labour

Employee Dismissed for Rejecting Unilateral Changes to her Employment Contract...

The Ontario Court of Appeal has recently upheld an employment law decision of Justice T.J. McEwen of the Ontario Superior Court of Justice in Loyst v. Chatten’s Better Hearing Service, 2013 ONCA 781 (December 20, 2013). The case involved an employee, Dawn Loyst, who entered into a contract of employment with employer, Chatten’s Better Hearing Service (“Chatten’s”), to provide office management services for a period of five years.

January 29, 2014

Employment & Labour

The New February Holiday a Not-So Welcome Announcement for Employers

The Nova Scotia Legislature recently passed Bill No. 15, known as the February Holiday Act. The February Holiday Act creates a new public holiday in Nova Scotia on the third Monday in February, starting in 2015. For most, this means a much-needed long weekend during the lengthy period between New Year’s Day and Easter. However, for many employers, the new holiday imposes cringe-worthy additional costs and complications.