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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
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
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
Employer Making Up Misconduct Backfires Stupendously
In Chu v China Southern Airlines, 2023 BCSC 21, an employer tried to manufacture just cause for dismissal. The employee received big damages
9 January 2023
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
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
Alberta Employment Contract Failed to Limit Reasonable Notice
Bryant v Parkland, 2022 ABCA 2022 is a new Alberta Court of Appeal case where some employees’ severance was not affected by a termination clause.
20 June 2022
26 Month Reasonable Notice (Severance) Upheld In Currie Appeal
Currie v Nylene, 2022 ONCA 209 is a new appeal decision where an exceptional 26 month severance award was upheld.
18 April 2022
Manager Vendetta = No Just Cause And Increased Notice Period
In Baker v Weyerhaeuser, 2022 ABCA 83, the Alberta Court of Appeal found no just cause and increased notice period due to the Manager’s vendetta.
21 March 2022
Another 24 Month Severance Award In Alberta
In Oostlander v Cervus, 2022 ABQB 200, the Alberta Court of Queen’s Bench awarded 24 months’ severance to a non-management employee.
14 March 2022
COVID Economic Downturn Not Frustration of Employment Contract
Verigen v Ensemble Travel, 2021 BCSC 1934, is a new case where an employer had to pay severance despite decline in business due to COVID
7 March 2022
Employer Not Allowed to Play Dumb on Resignation
In First Choice Collision v Talbot, the Alberta employment standards appeal tribunal rejected an employer’s argument that the employee had resigned.
15 February 2022
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