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Employment Law

Severance Review by Lawyers in Calgary including Incentive Pay Services.
ACJ Case Illustrates the Cost of Being Rude

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

22 May 2023
ABKB Gives Guidance on Layoff, Termination, Mitigation and Bias

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

31 March 2023
Alberta Overtime Case With Big Implications In Employment Law

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

15 March 2023
Employer Fails in Attempt to “Change Horses” To Just Cause

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

2 March 2023
Two men discussing the constructive dismissal of an employee.
Verbal Contract of 5 Yr Term Chosen Over Later Written Term

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

27 February 2023
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

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