While most employers are familiar with the concept of reasonable notice of termination, or payment in lieu thereof, few employers truly understand the potential liability they are exposed to if an employee is terminated without cause and subsequently becomes disabled during the reasonable notice period. This issue was recently highlighted by the Ontario Court of Appeal in Brito v. Canac Kitchens, 2012 ONCA 61.
In a recent decision, the Ontario Court of Appeal recognized a new tort concerning invasion of privacy, called “intrusion upon seclusion”. Jones v. Tsige, 2012 ONCA 32, marks the first time that an appellate level court in Canada has been willing to recognize such a cause of action.
In our earlier article, Constructive Dismissal: A Tough Call for Employers, it was concluded that constructive dismissal, while still a source of concern for employers, was likely less of a threat than it is sometimes thought of. Employees placed in potential constructive dismissal suits must be very careful, or else they may find they have very limited recovery.
A. CONTRACTS AWARDED
The National Shipbuilding Procurement Strategy (“NSPS”) was introduced to establish a transparent method of developing an ongoing relationship with two Canadian shipyards to provide Canada’s large ships.
Since Honda v. Keays, employment law and human resources practitioners have been watching how the law regarding bad faith dismissals has developed, in particular, the assessment of moral damages. A recently published decision from the Federal Court of Canada has added some further clarity to the moral damages question. Canada (Attorney General) v. Tipple (2011) dealt with the well known case of Douglas Tipple.
Few issues are as critical to the business of construction as tendering. After all, unless you land the work how long can you stay in business? When it’s all or nothing – win the job or sit out the season – experience is a tough teacher. Most survive by learning how to play the game, but in order to do that you have to understand the rules.
The perception that employees have no expectation of privacy – that, like a uniform, this is a sacrifice made in exchange for a pay cheque – is increasingly unrealistic. With society’s heightened awareness of privacy laws, it is now accepted that privacy is a right and not a privilege. Accordingly, it is generally accepted that employees are entitled to a reasonable amount of privacy in and outside of the workplace.
Work sites today can present many safety hazards but even more hazardous may be the pitfalls of trying to negotiate the right insurance package for any given project. In Nova Scotia, the Occupational Health and Safety Act, along with its Regulations, offers contractors guidance on acceptable safe practices, but there is no handy guide to negotiate through the insurance process.
Issues arise with every construction. But what separates the projects that complete successfully from those mired in litigation? Whether it is early intervention to nip catastrophe in the bud or proactive management before problems arise, there are some easy guidelines you can follow to minimize risk.
A significant cost of any major project is the labour component. Labour shortages, lower productivity, escalating costs and potential disruption by labour unrest can all increase financial risks. A labour strategy, designed to minimize risks and attract a competent and productive work force, can ensure that the project is done right the first time, on time, safely and within budget.