A recent decision by the Alberta Human Rights Tribunal (the “Tribunal”) found that an employer, while seeking to reduce its workforce, dismissed an employee on the grounds of family status and physical disability, rather than job performance. In Smylie v … Continue Reading
The Ontario Court of Appeal has upheld the termination pay clause of an employment contract in Amberber v. IBM Canada Ltd. 2018 ONCA 571 by using a refreshing and common sense approach in overturning the trial judge’s findings.
The … Continue Reading
Employment law and human rights law have protections for employees who take time off work because of injuries or sickness. Physical or mental disability is also a protected ground and cannot be a reason or a factor in dismissal. An … Continue Reading
In Carroll v. Purcee Industrial Controls Ltd, 2017 ABQB 211, the Court of Queen’s Bench of Alberta recently decided whether requesting a severance package amounted to a resignation. The main issue before the Court was whether the plaintiff was … Continue Reading
When a termination clause in an employment agreement is unclear or ambiguous, the ambiguity is generally read against the employer. In some decisions – such as Roden v Toronto Humane Society (2005), Oudin v Centre Francophone de Toronto (2016) and … Continue Reading
The recent Alberta Court of Appeal decision Styles v Alberta Investment Management Corporation has highlighted the inherent right of an employer to terminate employment without cause on reasonable notice or payment in lieu thereof. This finding does not apply to … Continue Reading