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Wrongful Dismissal

Independent Contractor Law Services in Calgary, Alberta.
Objectively Serious Misconduct Not Enough For Just Cause?

In O’Brien v San Forestry, a truck driver engaged in misconduct but the termination of employment was without just cause and he was owed to termination pay.

7 October 2024
Another Streamlined Trial Application Shut Down

In Bailey v NAIT, 2024 ABKB 563, an application to set a matter down for streamlined trial failed because the evidence was considered too complex.

1 October 2024
constructive dismissal employment law in calgary, alberta
Streamlined Trials Only Where No Other Way to Achieve Fair and Just Result?

In Hou v. Canadian North Inc., 2024 ABKB 549, the Court of King’s Bench did not order a streamlined trial, finding it would not be necessary or proportionate

27 September 2024
constructive dismissal consultation with employment lawyer in calgary, alberta
Taking A New Job Elsewhere Is Not Necessarily Resignation

In Sara Consulting & Promotions v Macburnie, 2024 ABESAB 15, an employee on lay-off got another job and this was not considered resignation.

12 August 2024
Just Cause Today Might Not Be Just Cause Tomorrow
No Fixed Term + Low Notice Period for this Alberta Employee

In Sprong v Chinook Lifecare, 2024 ABCJ 163, the ACJ found that an employee was not on a fixed term and was only entitled to two weeks’ severance.

6 August 2024
Gaslighting at work by employer.
Insubordination + Insolence = Still Not Just Cause For Dismissal

T & T Disposal Services v Leask, the Alberta employment standards appeal body found no just cause despite several instances of employee misconduct

22 July 2024
Just Cause Today Might Not Be Just Cause Tomorrow
Just Cause Today Might Not Be Just Cause Tomorrow

In Blakkloud Hair Studio v. Hassan, 2024 ABESAB 12, an employer gave a final warning for misconduct that would have been just cause.

15 July 2024
constructive dismissal employment law in calgary, alberta
Alberta’s First Application for Streamlined Trial Fails

Arsenault v Big Rock, 2024 ABKB 387 is an Alberta Court of King’s Bench decision where the Court found a matter unsuitable for streamlined trial

4 July 2024
Contractor or Employee legal matters can be helped by Bow River Law in Calgary.
Drug Test Policy Upheld As Reasonable Re Cannabis = Just Cause

In Quong v Lafarge, 2024 ABKB 340, an employer had just cause to terminate an employee for failing a drug test and then refusing to follow drug policy

18 June 2024
Is Holding A Beer Serious Enough Misconduct For Just Cause?

Bulldog Energy v Brown, is an employment standards appeal decision where an employer unsuccessfully claimed just cause to dismiss an employee.

12 June 2024
Expert Evidence Not Required for Mental Distress Damages?

Krmpotic v Thunder Bay Electronics, 2024 ONCA 332, a $50,000 aggravated damages award was upheld despite there being no expert evidence.

21 May 2024
Employment Contracts Drafting and Review, including Negotiation by Calgary Employment Lawyers
Cant Have Your Employment Contract Cake and Eat it Too

In Klyn v Pentax Canada Inc., 2024 BCSC 372, an employer breached an employment contract and was not allowed to rely on the termination clause

22 April 2024

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