Employment Law

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.

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

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

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

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