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Labour and employment law
Termination and dismissal
Termination and dismissal
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An employee was given notice of termination consisting of working notice and a cash severance, to be given only if the employee works to the end of the working notice period. Is the employee entitled to receive the severance payment if the employee fails to continue to work to the end of the working notice period?
Are aggravated damages available in addition to an award for additional notice for wrongful dismissal under the Wallace factor?
Are aggravated damages recoverable in an action for constructive dismissal from employment?
Are aggravated damages recoverable in an action for wrongful (including constructive) dismissal from employment?
Are aggravated damages recoverable in an action for wrongful or constructive dismissal from employment?
Are bad faith damages available for a wrongful dismissal?
Are construction employees entitled to notice and termination pay at common law?
Are disability benefits received by an employee who becomes disabled during a working notice period deductible from the working notice salary?
Are long-term disability benefits considered “income” and the result of the employee's disability under benefit determination and all-source limitation clauses such that the benefits can be deducted from severance pay?
Are pension benefits deductible from wrongful dismissal damages?
Are punitive damages recoverable in an action for constructive dismissal from employment?
Are there any reported cases in Canada where a sexual assault by an employer has been held to amount to constructive dismissal? If not, what approach is a court likely to take to this issue?
Are there cases discussing the effect of an employer's actions which prevented the proper mitigation of loss by a wrongfully dismissed employee (other than a failure to provide a reference or relocation assistance)?
Assuming there was a constructive dismissal, what is the appropriate range of notice for a non-supervisory clerical employee with similar duties for someone of her age and length of employment?
Because alcoholism is considered a disability, what steps is an employer justified in taking to discipline or even terminate an alcoholic employee who has engaged in behavior symptomatic of his disability, such as tardiness or working under the influence?
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Elements of employment relationship
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Relationship to third parties
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