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Employment Law

EE Constructively Dismissed, Didn’t Resign, No Just Cause

In G Force Oilfield v Winter, 2022 (AB ESA), constructive dismissal was found despite evidence the employee resigned amidst a spat with his boss

23 January 2023
ABCA Says CERB Not Deductible From Severance!

In Oostlander v Cervus, 2023 ABCA 13, the Alberta Court of Appeal found that severance awards are not reduced by CERB payments

14 January 2023
Worker that has been injured and harassed by his employers
Mega Damages in Constructive Dismissal Case Involving Violence

In Osmani v Universal Structural Restorations, 2022 ONSC 6979, an employee was punched in the testicles and awarded damages against manager and employer

20 December 2022
Can I Record That? Admissibility of Recordings in Employment Cases

In Rooney v GSL Chevrolet, 2022 ABKB 813, an employee secretly recorded a meeting. The Court ruled it was admissible evidence.

13 December 2022
Old Evidence Not Barred By Limitations In Constructive Dismissal

In HFX Broadcasting v Cochrane, 2022 NSCA 67, an employer failed to have old evidence of harassment disallowed in constructive dismissal case

21 November 2022
ONCA Provides Guidance on Duty to Mitigate In Wrongful Dismissal

In Lake v La Presse, 2022 ONCA 742, the court said it was ok that the employee declined to search for lesser replacement jobs.

14 November 2022
Alberta ESC Appeal Confirms Continuous Employment In Asset Sale

In Certified Redi-Mix v L’Hirondelle (2022) (AB ESA), an employee’s years of service for calculating severance were not affected by the sale of the plant

10 October 2022
Wrongful Dismissal Results in Employer Paying Over $1M in LTD

In Pasap v Sask Indian Gaming Authority, 2022 SKQB 200, an employee became disabled in his reasonable notice period and was awarded huge damages

2 October 2022
Labour Board Clarifies Who Qualifies as Supervisory for OT Exemption

CSS Office Furniture Systems v Burns, 2022 CanLii 72131 is a new Alberta case where an employee in a supervisory capacity still received overtime

12 September 2022
Contractual Interpretation and Employment Stds – Banked OT Case

In DLC Cladding GP Ltd. v Schaus, an employee did not get the banked overtime hours he wanted, but was awarded vacation pay from prior years instead

22 August 2022
Employment Stds Decision Won’t Always Prevent Going to Human Rights

A New Alberta Human Rights decision found that getting an employment standards decision will not necessarily prevent proceeding in human rights.

25 July 2022
Employee Refusing Mask Put on Leave = Not Constructive Dismissal

In Benke v Loblaw Companies, 2022 ABQB 461, an employee who refused to wear a mask was put on unpaid leave but it was not constructive dismissal.

18 July 2022

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