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Category: Uncategorized

Workplace Accommodation is a Quasi-Constitutional Right

by Johannes Schenk / On December 21, 2016 / In Employment Law, Human Rights Law, Labour Law, Uncategorized
Commission de la santé et de la sécurité au travail c. Caron, 2015 QCCA 1048 (CanLII), concerns accommodation of an injured employee. The Court in this case says that the human rights legislation supersedes all other legislation and is quasi-constitutional…

Suspension Can Be Constructive Dismissal

by Johannes Schenk / On December 19, 2016 / In Employment Law, Human Rights Law, Labour Law, Uncategorized
Source: Potter v. New Brunswick Legal Aid Services Commission - SCC Cases (Lexum) concerns the suspension of an employee. The employer's handling of the suspension resulted in a constructive dismissal. In determining a remedy, the Court did not reduce the…

26 Months Reasonable Notice for Dependent Employee

by Johannes Schenk / On December 16, 2016 / In Employment Law, Labour Law, Uncategorized
Keenan v. Canac Kitchens Ltd., 2016 ONCA 79 (CanLII) concerns the amount of termination notice to be paid to a dependent employee. In this case the employer argued that the employees were independent contractors and that didn't fly with the…

Employment Law

by Johannes Schenk / On March 16, 2016 / In Human Rights Law, Labour Law, Litigation, Uncategorized

Hey You Kids Out of that Jello Tree

by Johannes Schenk / On February 7, 2014 / In Employment Law, Uncategorized
Paquette v. School District No. 36 (Surrey), 2014 BCSC 205 deals with a child climbing onto and falling off of a school building roof. So every adult knows that kids will climb up roofs an every child knows that they…

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