PRACTICE AREA: Labour & Employment

... the fact that [the employer] cannot be sued, and so cannot be held vicariously liable, makes no difference to whether its notional vicarious liability constitutes “fault”

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Employee was terminated without cause after less than six months' employment; employee was bound by six-month probation clause

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“Reasonableness” [in context of judicial review of decision of labour arbitrator] is a deferential standard that does not equate to the standard of appellate review that is applied to decisions...

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Employer dismissed employee without appropriate consideration and investigation; Employer did not show conduct incompatible with employee's duties which went to root of contract

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... what is referred to as “bootstrapping.” This is the situation where a party seeks to supplement what would otherwise be considered deficient evidence with allegedly “new” evidence and arguments on appeal.

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Employee filed complaint under Employment Standards Code for vacation pay and holiday pay; employer contended that "vacation pay" in agreement also included holiday pay; umpire found this inconsistent with employer's obligations to keep records and provide written statement separating out vacation and holiday pay under Code

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The concept of “inducement” of an employee to leave secure employment involves a spectrum of facts

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Digest of the Week | Frustration of Contract

Employee took leave of absence for a medical condition and was advised that he was terminated from employment as a result of frustration of contract

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A journeyman is someone who is fully qualified and can perform the full scope of work in the trade or quasi-trade right up to the most complex

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Motion judge found termination clause unenforceable, Court of Appeal found that motion judge should have interpreted whole clause, rather than each sentence Amberber v.

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Phrase of the Week | Active Employment

Active employment means someone who attends at work, works and is paid in clear distinction to someone who, while undoubtedly an employee, is not an active one

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Suspended employee's application alleging union's breach of duty of fair representation summarily dismissed since union provided summary of evidence and copy of legal opinion, dismissed upon judicial review as Board's decision was reasonable

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