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Severance

ABCJ Ignores Probation Clause Where Employer Did No Review

In Holmes v Progressive Wellsite, 2023 CarswellAlta 3273, the Alberta Court of Justice found wrongful dismissal despite a probationary termination clause

12 February 2024
constructive dismissal employment law in calgary, alberta
Alberta Release of Human Rights Upheld on Judicial Review

In Caponero v AHRC and Kaizen Auto, 2024 ABKB 2, the ABKB found a termination release was not unconscionable

10 January 2024
Wrongful Dismissal Unjust Dismissal Process by Employment Lawyer in Calgary
Employment Dismissal: The High Price of Being Not Nice

In Koshman v Controlex Corporation, 2023 ONSC 7045, an employer was nasty in its termination of an employee, and the Court made an example of them

19 December 2023
Worker that has been injured and harassed by his employers
Employee Beaten Up Then Interrogated = No Just Cause

In Ketch v Meadow Lake Mechanical, 2023 SKKB 241, a co-worker relationship ended in employment dismissal, purportedly for just cause.

20 November 2023
constructive dismissal employment law in calgary, alberta
Big Alberta Summary Judgment Despite Just Cause Defense

In McDonald v Sproule, 2023 ABKB 587 (Marion) an employee won a large severance using summary judgment instead of a trial process

23 October 2023
constructive dismissal in calgary, alberta
Constructive Dismissal in Alberta: The Ultimate Guide

In the realm of employment law, constructive dismissal is a concept that is both complex and consequential. For employees in…

24 September 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
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

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