Audio / Video - Articles & Videos
Wrongful Dismissal Claim + Turning Down Reasonable Work = Sacrificing Severance Entitlements
You’ve heard of Girl Math, but let’s do some HR Math. If you are pursuing a wrongful dismissal claim, and you are offered reasonable new work, but you turn it down, you could be sacrificing a significant amount of severance entitlements.
What’s in a name? Legally speaking, you may not want that fancy job title.
In this update, Stuart talks about the legal implications of being called a manager, supervisor, or director.
Teachable moment for ESPN anchor after commenting on Zack Whitecloud’s name.
During this year’s NHL playoffs, an ESPN anchor made a comment about an Indigenous player’s name – not surprisingly, there was immediate backlash.
Employers should not use performance improvement plans in bad faith.
This update focuses on performance improvement plans and why employers shouldn’t use them in bad faith, just to build a file for dismissal or cut compensation – these are recipes for liability.
What you need to know about the “change of substratum” doctrine and employment contracts.
In this update, Stuart talks about why an otherwise valid employment contract may not be valid if the employee’s duties and responsibilities have changed – even if their title remains the same.
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.
Lights, Camera, Caution: Recording Interactions at Work
With cellphones in our pockets, it’s easy to record our day to day interactions. If you get into a situation at work, it might seem like a good idea to record a meeting with your boss or a coworker to help your case. However, Stuart encourages you to be very cautious before deciding to do this.
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.
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.
