Mitigation

If the employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment.
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Recording Conversations

To Record or Not to Record

You have probably heard of the Omarosa / Trump story by now. Put simply, reality TV star and former White House special assistant Omarosa Manigault Newman surreptitiously recorded conversations between President Trump and Chief of Staff John Kelly. While we do not know how the recordings were captured, this does raise questions about whether employees can - and more importantly, whether they should - record conversations in their workplace.
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Impaired Driving And Employment

Drinking and Driving May NOT be Cause for Dismissal

Previous court decisions have confirmed that an employee’s conduct outside of work may form the basis for the termination of their employment. However, not all misconduct outside of work will constitute just cause, as confirmed in the recent British Columbia Supreme Court case of Klonteig v. District of West Kelowna, 2018 BCSC 124.
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Office Romance

Workplace Romance

Valentine’s Day is fast approaching, and we will soon start to see flowers and other tokens of affection popping up in the workplace. This can be a joyful time filled with expressions of love, but it also causes employers to…

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Workplace Investigation

Investigating just cause

Some form of investigation should be undertaken before summary dismissal is imposed In recent years, I have frequently commented that when reviewing just cause cases, the employee's response when confronted with suspicions of misconduct is often the deciding factor with…

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