Breach of Minutes of Settlement
Breach of Minutes of Settlement The Ontario Human Rights Tribunal considered an application made by the employer for the refund of all settlement funds paid to the prior applicant due…
Reasonable Inference & Historically Disadvantaged
Inference from the Evidence A recent decision of the B.C. Human Rights Tribunal has once again considered the question of “reasonable inference” from the evidence before it to determine whether…
Federal Court of Appeal Raises Bar on Reviews and OK’s Full Costs
The Federal Court of Canada recently, as in December of 2023, reviewed a decision of Adjudicator Kaufmann in an unjust dismissal complaint which awarded substantial indemnity costs. On the…
Employer Vaccine Leave Policy Fair
A recent decision of the Alberta Court of Justice has considered the question of whether (1) the employer’s covid mandatory vaccination policy was reasonable and further (2) whether the company’s…
Decisive Action by Employer Avoids HR Complaint
A recent decision of the Alberta Human Rights Tribunal offers a clear analysis of the duty of the employer to maintain a workplace free of discrimination. In this instance, the…
Negotiating the Deal
Counsel will no doubt consider issues such as the most effective tax allocation of damage sums to allow for the most effective settlement terms. All eyes will be on…
Bill C-47
In June of 2023, the federal government passed amendments to the Income Tax Act, which will attract the attention of employment law counsel. Bill C-47 requires that any transaction…
EI Clawback in Canada: When Benefits Must Be Repaid
EI Clawback in Canada: When Benefits Must Be Repaid EI benefits may be clawed back if you earn income during a benefit period or exceed annual net income thresholds set…
Real World Book on Employment Dispute Mediation
Fisher's book on mediation is a must have for practitioners of the art form of employment law dispute settlements. It is available at www.barryfisher.ca.
Scholarly Review of Mediation & Arbitration
This paper, published in the Alberta Law Review, authored by Nayha Charya, Assistant Professor at the Schulich School of Law, Dalhousie University, provides an excellent review of mediation and arbitration…