Suspension Can Be Constructive Dismissal

Posted by Johannes Schenk on December 19th, 2016 — Posted 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 notice period by pension payment amounts.

26 Months Reasonable Notice for Dependent Employee

Posted by Johannes Schenk on December 16th, 2016 — Posted 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 Court. On the facts the employees had an almost exclusive relationship with the employer and as such were treated as employees with regard to benefits. In addition, these were very long term employees and the Court found that 26 months was the appropriate notice period.

Uber Driver Are Employees

Posted by Johannes Schenk on December 16th, 2016 — Posted in Employment Law, Human Rights Law

An employment tribunal in London rules that Uber drivers can be classed as employees in a case that could have wide-ranging implications.

Source: What does Uber employment ruling mean? – BBC News

This is a highly significant ruling for other economies in which Uber participates in. Bottom line, you can’t circumvent benefit provisions by calling an employee an independent contractor.

Work Email is Work Email

Posted by Johannes Schenk on July 7th, 2016 — Posted in Employment Law, Litigation, Professional Discipline

A new ruling affirms the ability to FOIA private email accounts.

Source: A federal court may have just added to Clinton’s email woes in a big way – The Washington Post

You can’t avoid FOI requests by storing work email in a non-work environment.

Ryerson maternity leave termination

Posted by Johannes Schenk on May 12th, 2016 — Posted in Employment Law, Human Rights Law, Litigation

Source: Supporters of maternity leave rallied on Mother’s Day after new mom fired from Ryerson Students’ Union

And it’s 2016 and these types of actions are still up for debate? The law on maternity terminations is relatively settled: it’s not on unless you have a real and substantial business concern underlying the termination. The pregnancy and the soon to be employee with a new family member is not a good enough reason. And in any event the matter has to be handled as any other termination without cause: pay money or give notice (which doesn’t start to run until the employee returns from mat/parental leave).

Aside from the business cost and reputational costs arising from mishandling this type of termination (any termination for that matter) there are direct employment costs in terms of trust, loyalty and productivity. Employees watch how management behaves and respond accordingly. One mishandled termination can result in years of such impact.