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 in nature. The employer cannot remove themselves from the human rights regime on the basis […]
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 version: bad move. The Court had this to say: [66]This duty of reasonable exercise of […]
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.
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 […]
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 […]