Discipline and Dismissals - Articles & Videos
Court of Appeal: Silence Does Not Equal Consent for Layoffs
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.
Can You Be Fired For Having an OnlyFans?
The age old question: can you be fired for what you do off-duty? As is often the case, the answer is “it depends”. You can be, but only in limited circumstances.
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.
HRTO Sends Clear Message to Applicants to Avoid Multiplicity of Proceedings
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.
At what point is a contract “frustrated”, and what does that mean?
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.
Expect the Unexceptional When it Comes to Reasonable Notice
Is there a limit to the amount of notice an employee can be awarded – and if there is when will a Court award reasonable notice more than this amount?
Using technology to conduct virtual dismissals.
In this video update, Nadia talks about using technology to conduct virtual dismissals – like using Zoom to fire a worker who is remote, hybrid, or even on leave.
Remedies for the Federally Regulated Employee
There are differences in the available remedies and the process for obtaining them for provincially or federally regulated employees.
Pivot, pivot, pivot! Without constructive dismissal.
How do you pivot and make changes in the workplace as an employer without attracting constructive dismissal claims?
Trying to bankrupt a company rather than pay a plaintiff the severance they seek.
Stuart has heard people say they’d rather bankrupt a company than pay a plaintiff the severance they’re seeking – but he usually takes this with a big grain of salt. However, in one Alberta case, this is exactly what the company tried.
