The Employment Contract & Human Rights
The existence of an employment contract which contains an agreed severance payment or determines a fixed time period of the employment relationship is viewed uniquely in a human rights complaint.…
Claims for Income Loss
A claim for “special damages” or lost income may arise in many ways. It may come from a direct termination, or due to a “poisoned work environment” or it may…
Human Rights Remedies
Human rights remedies offer a distinctly different and potentially much more powerful relief than the usual employment law cases brought by civil action. The following cases illustrate the potential of…
Big Brother Watching
Many companies have enacted policy documents or provided contractual terms which prohibit the use of company computers for personal use, the downloading of third party programs and also allows the…
Tort of Harassment
The first review of the proposed new tort of harassment was the Ontario Court of Appeal decision in 2019. Notwithstanding the Court of Appeal decision in Merrifield, there have been…
Kickback Scheme – Mareva Injunction and Punitive Damages
An Ontario decision in September of 2021 allowed the claim of the employer, Sunwing Airlines against its prior employee for his receipt of kickbacks in the sum of $500,000 plus…
Vaccine Exemption Based on Creed
An Ontario arbritral decision found in favour of an employee who had been placed on a leave of absence and subsequently discharged due to her refusal to be vaccinated based…
Settlement Terms Call for Default “Penalty”
Settlement Terms Call for Default “Penalty” The Ontario Court of Appeal recently considered certain terms of settlement which included a term defining a sum to be paid in the event…
Doctrine of Frustration due to Vaccine Refusal
The facts before the Ontario court in Croke v VuPoint Systems, a decision released in February of 2023, were as follows: The Plaintiff employee worked as an installer for the…
Tape Recording at Work – Alberta King’s Bench & BCSC
Yes, it is true that it is not a criminal offence for one of the participating parties in a conversation to tape record the discussion, even without the knowledge and/or…