Employment Law

AHS v Johnston, 2023 ABKB 209 (Feasby) recognizes a new tort of Harassment in Alberta, which could be used in employment law cases

Lutz v Fabian Seeds Farms, 2023 ABCJ 109 is an Alberta case where an employee and employer learned that being rude in court has a price

In Northern Air Charter v Dunbar, 2023 ABKB 171, the Alberta Court of King’s Bench dealt with many employment law issues and dismissed a PC appeal

Scheffler v Mourtis Trucking Ltd., 2023 ABKB 139 is a case where an Alberta court allowed an overtime claim to stretch back further than 6 months

In Alayew v Council for Advancement of African Canadians, 2023 ABKB 113, an employer fired without cause and was not allowed to change its mind

In Dornan v New Brunswick, 2023 CanLII 10433 (NB LA), an arbitrator found a 5 year fixed term, and ruled a contrary written contract unenforceable

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

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

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

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

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

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