Discipline and Dismissals - Articles & Videos
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.
This decision serves as an important reminder for employers to ensure there is a strong and enforceable written employment agreement in place allowing temporary layoffs.
Does a Dismissed Employee Have an Obligation to Return to Work in Order to Mitigate their Damages? It Depends!
All employees who are dismissed have a duty at common law to mitigate their damages by finding comparable replacement employment as quickly as possible.
When an employee has a cause of action against their current or former employer, there may be multiple venues available to them to pursue damages. Generally speaking, the employee must choose one venue in which to seek their damages.
In this update, Stuart talks about frustration of contract – and to be clear, that doesn’t mean someone is frustrated. Frustration of a contract occurs at law when the circumstances change and it becomes impossible to fulfill.