No Without Cause Dismissal for Federal Employees
Source: CanLII - 2016 SCC 29 (CanLII) Well that answers that. Federal employees don't get let go with notice or severance pay and they have a right to re-instatement and back pay.
Category: Employment Law
Probationary Employee Rights
Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42, deal with probationary employee termination rights. Surprising that this case was actually litigated given the very small amount the claim was worth. Employer termination rights are limited and the employee…
Workplace Accommodation is a Quasi-Constitutional Right
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…
Employer Good Faith Duty Applies to Incentive Plan Payout
Styles v Alberta Investment Management Corporation, 2015 ABQB 621 (CanLII), concerns an employer's duty of good faith in the context of an incentive plan payout. Here the employee was terminated shortly before the incentive plan payout date. Long story short…
Suspension Can Be Constructive Dismissal
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…