Discipline and Dismissals - Articles & Videos
A recent decision out of Alberta held not only that an employer had cause to terminate the employment of its President and CEO, thus fully defeating his claim for wrongful dismissal, but also that the executive was personally liable for damages.
We have said it many times before: temporary layoffs are constructive dismissals in almost every (non-unionized) situation. And as far back as March 24, 2020, we warned that the COVID-19 pandemic did not change that.
The recent Court of Appeal decisions of Maynard v. Johnson Controls Canada LP and Nader v. University Health Network suggest that “salary” doesn’t mean base pay alone, and that the employer could be liable for other elements of compensation, including bonus payments.
It is crucial that any federally regulated employers review their employment agreements as soon as possible to ensure that they meet these new minimum standards.
Can an employee who discloses a medical issue, or who goes on a medical leave of absence, be dismissed? Contrary to popular belief, the answer is yes. However, to avoid liability, the employer must be able to show that the dismissal was entirely unrelated.
During this year’s NHL playoffs, an ESPN anchor made a comment about an Indigenous player’s name – not surprisingly, there was immediate backlash.